Virginia Lawyers Weekly VA Lawyers Weekly

A lender may sue a widow who has defaulted on a mortgage refinance executed by her husband alone, on a theory of unjust enrichment, but the lender may not sue to quiet title or for reformation, specific performance or equitable ...

Tagged with: Hanover County Circuit Court Judge J. Overton Harris Real Estate Virginia Circuit Courts

A 2005 action in which appellant claimed to be decedent’s biological son and sought to share in his estate, dismissed as untimely under Va. Code § 64.2-5.1, did not bar appellant’s 2009 quiet title action in which he sought proceeds ...

Tagged with: Justice William C. Mims Supreme Court of Virginia Wills & Trusts

A trial court did not err, says the Supreme Court of Virginia, in denying a Northumberland County commercial marina owner’s request for a special exception permit for construction of additional mooring slips and piers that would extend beyond the mean ...

Tagged with: Justice Cynthia D. Kinser Real Estate Supreme Court of Virginia

A family that owned a pavilion and piers near the “Public Acre” land owned by Burwell’s Bay Improvement Association along the James River in Wight County has not proven its claim of adverse possession that would permit its challenge Burwell’s ...

Tagged with: Justice Lawrence L. Koontz Jr. Real Estate Supreme Court of Virginia

In a trial for valuation of property the county has taken for construction of a bus maintenance facility and commuter parking lot, the trial court did not err in excluding as a “comparable sale” evidence of the county’s recent purchase ...

Tagged with: Justice Donald W. Lemons Real Estate Supreme Court of Virginia

A condo owner cannot recover from the unit owners’ association for damages from a shower leak in her unit, as the bylaws specifically limit the association’s liability for this kind of water damage; an Alexandria Circuit Court grants summary judgment ...

Tagged with: Alexandria Circuit Court Real Estate Virginia Circuit Courts

A defendant who had notice of the date of decedent’s death from the deed cannot be a bona fide purchaser; a Norfolk Circuit Court says a Virginia statute effectively establishes a quasi lien on estate property for one year after ...

Tagged with: Judge Junius P. Fulton III Norfolk Circuit Court Real Estate Virginia Circuit Courts

A Norfolk Circuit Court dismisses as time-barred an owner’s fiduciary duty claim challenging a homeowners association’s actions that resulted in higher insurance premiums, but overrules the plea in bar as to the owner’s claim for breach of the governing documents. ...

Tagged with: Judge Mary Jane Hall Norfolk Circuit Court Real Estate Virginia Circuit Courts

Although an agreement between plaintiff lender and defendant settlement company said the settlement company would provide “partial title searches as shown in public records only,” the lender wins its contract and warranty claims against the settlement company after the company’s ...

Tagged with: Hanover County Circuit Court Judge J. Overton Harris Real Estate Virginia Circuit Courts

A shopping mall landlord wins $23,285.91 on a quantum meruit claim against a sub shop; a Fairfax Circuit Court says the quantum meruit claim is not barred by the existence of a lease, because the lease term regarding water service ...

Tagged with: Fairfax County Circuit Court Judge Michael F. Devine Real Estate Virginia Circuit Courts