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Real Property: Circuit court relocates two easements over objection
Where the landowner unsuccessfully attempted to negotiate the relocation of two easements, and relocating the easements would not result in loss or injury to any real or potential economic benefits and would not cause excessive or unwarranted hardship or adversity, the circuit court did not err when it relocated the easements.
Daughter falsely took title of deceased parents’ former home — $350,400 verdict
This case involves a dispute over a single-family residential home located in Arlington.
Real Property: Court construes waterfront access easement
Where neighbors disputed the scope of an easement allowing the use of the waterfront attached to one lot, the circuit court construed the easement.
Texas AG Ken Paxton accused of mortgage violations
Story highlights • Paxton listed three homes as primary residences for loans • He and his wife claimed improper homestead tax breaks on two homes • Legal experts cite potential […]
Landlord and tenant: Court resolves dispute over commercial lease addendum
Where a tenant sought a declaration that it remained a tenant under an addendum to a commercial lease, but there was no consideration for the addendum, it was merely an offer that was revoked by the landlord before it was accepted by the tenant.
Court: Permission not an affirmative defense to adverse possession
Virginia Court of Appeals rules permission need not be pleaded as an affirmative defense in adverse possession and addresses easement obstruction and encroachment.
Real Property: Lack of permission is an element of an adverse possession claim
Where the circuit court held permissive use should have been pleaded as an affirmative defense to adverse possession, it erred. The plaintiffs bore the burden of proving each element of adverse possession, including that such possession was hostile (and thus without permission).
Contract: Summary judgment improperly entered in condo sale dispute
Where the parties disputed whether a contract for the sale of a condominium included required disclosures, and a complete copy of the amended contract or an admission as to its contents was not submitted to the circuit court, the circuit court could not have determined whether the amended contract included the required resale disclosures.
Homeowner cannot get refund after voluntary PMI cancelation
A Virginia homeowner is not entitled to a refund of unearned premiums from his mortgage servicer even though the company voluntarily canceled the private mortgage insurance without being required by statute, the 4th U.S. Circuit Court of Appeals has held.
Real Property: Mechanic’s lien statute trumps choice of venue clause
Although the parties’ construction contract designated Loudoun County as the venue for disputes related to the agreement, that court lacked jurisdiction over an action to enforce a mechanic’s lien where the property and owner were located in Alexandria. The statute unequivocally requires an enforcement action to be brought in the county or city where the structure is situated or the owner resi[...]
Verdicts & Settlements
- Motor Vehicle Negligence- Motorcyclist hit by car suffers two broken wrists
- Medical Malpractice – Young patient commits suicide while on psychoactive drugs
- Motor Vehicle Negligence- Art teacher’s hand injured in collision
- Premises Liability- Gas grill explosion left mom with severe burn injuries
- Motor Vehicle Negligence – Crash video showed force of Tesla rear-end collision
- Motor Vehicle Negligence – 74-year-old injured in two-vehicle crash
- Employment- Arbitrator finds unfair labor practices by school
- Medical Malpractice- Gallbladder removal surgery results in reparative procedure
- Motor Vehicle Negligence – Car with mother, two children broadsided, rolled several times
- Motor Vehicle Negligence – Driver, passenger suffer injuries after truck crosses into lane
- Fraud – Jury sides with couple in home construction case
Opinion Digests
- Criminal – Man convicted for role in robbery that ends in murder
- Search & Seizure – Search of defendant’s backpack was not unlawful
- Criminal – Man convicted of strangling, assaulting and abducting his romantic partner
- Criminal – Woman ordered to pay victim $4,359.28 for vehicle damage
- Evidence – Court didn’t err in admitting unavailable witness’s testimony
- Criminal – Sexually violent predator recommitted to Commonwealth’s custody
- Criminal – Felon is convicted for unlawful possession of firearm
- Criminal – Evidence shows police would have inevitably found firearm
- Criminal – Evidence supports fentanyl possession/distribution conviction
- Search & Seizure – Defendant wasn’t entitled to copy of search warrant
- Search & Seizure – Officer didn’t improperly extend traffic stop
- Negligence- Court won’t limit expert testimony at alleged malpractice trial
