Where the owners of an easement over a riparian area were not made parties to litigation involving the land that was subject to the easement, the circuit court’s judgment in that litigation is void. Because the litigation involved the easement ...

Tagged with: Justice Stephen R. McCullough Real Estate Supreme Court of Virginia

Where the circuit court sustained, on the basis of absolute privilege, appellee’s demurrers to claims arising from a lis pendens filing on property, this was error. Absolute privilege is an affirmative defense, which may not be raised in a demurrer. ...

Tagged with: Justice William C. Mims Real Estate Supreme Court of Virginia

A holdover tenant owes a landlord rent for the period of occupancy after the lease expires. The law implies a contract to pay even if there is no oral or written agreement. Background Tran, the plaintiff, leased property to Lewis ...

Tagged with: Real Estate Supreme Court of Virginia

Appellant lacks an enforceable property right to challenge the governor’s order to remove the Robert E. Lee Monument from commonwealth property in Richmond, Virginia. Overview “In this case, we awarded William C. Gregory (Gregory) an appeal from a judgment of ...

Tagged with: Real Estate Supreme Court of Virginia

The commonwealth has the authority to remove a state-owned monument from state owned property. The monument is a form of government speech. To the extent that the document conveying the property to the state and a legislative resolution accepting the ...

Tagged with: Justice S. Bernard Goodwyn Real Estate Supreme Court of Virginia

A historic foundation did not show that it suffered a particularized harm different than that of the general public when the Alexandria City Council approved permits to renovate property located in a historic district. As a result, the foundation was ...

Tagged with: Real Estate Supreme Court of Virginia

Where land was conveyed to a church under an 1875 deed that provided the land would revert to the grantors or their heirs if it was not used for church purposes, this was not an unreasonable restraint on alienation. As ...

Tagged with: Justice William C. Mims Real Estate Supreme Court of Virginia

Where most of the real estate on which appellees wished to build a cluster development was outside of an area designated for water and sewer extensions, appellees must submit their plan for planning commission review. The statute exempting cluster developments ...

Tagged with: Justice Stephen R. McCullough Real Estate Supreme Court of Virginia

Where defendant homeowners ultimately prevailed in the Virginia Supreme Court against plaintiff homeowners association’s enforcement of a holiday lighting policy, defendants are not entitled to an injunction to ensure defendant’s compliance with the ruling. Background In a previous phase of ...

Tagged with: 20th Circuit Court Judge Jeanette A. Irby Real Estate Virginia Circuit Courts

Where defendant ferry service breached a license agreement by relocating a retaining wall without the required permission from plaintiff landowner, the court awards damages and enjoins defendant’s further use of the property. However, plaintiffs’ unjust enrichment claim fails because they ...

Tagged with: 20th Circuit Court Judge Stephen Sincavage Real Estate Virginia Circuit Courts