Where the trial court ruled that appellee was entitled to specific performance, requiring appellant real estate owners to convey 31 acres of property that was offered at auction, this was error because the auction is best understood as being an ...

Tagged with: Justice Cleo E. Powell Real Estate Supreme Court of Virginia

A circuit court judge granted a defendant’s demurrer in a case over a real estate sales contract after finding both parties to the contract mistakenly believed the defendant seller was the only person to have title to the property the ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Real Estate Virginia Circuit Courts

Where both parties to a real estate sales contract mistakenly believed defendant seller had exclusive title to property that plaintiff purchaser contracted to buy, plaintiff has no claim for specific performance, breach of contract or a quiet title/partition action. Defendants’ ...

Tagged with: Judge David W. Lannetti Norfolk City Circuit Court Real Estate Virginia Circuit Courts

Where plaintiff lessee sued a lessor and the lessor’s management company for claims arising from mold in her apartment and the building’s common areas, claims against the management company are dismissed because the company was not in privity of contract ...

Tagged with: Judge Joseph M. Teefey Jr. Petersburg City Circuit Court Real Estate Virginia Circuit Courts

Where would-be property purchasers did not close on the contractual date, the have no claim for specific performance after the property owner terminated the sales agreement. Overview Newton owns property that the Carlsons wanted to purchase. The purchase agreement provided ...

Tagged with: Judge David W. Lannetti Real Estate Virginia Circuit Courts

Where the court previously ruled that the boundary line between the parties’ property is defendants’ fence, which is on land defendants obtained by adverse possession, the fact that a roof eave on plaintiffs’ shed overhangs the fence does not defeat ...

Tagged with: Fairfax County Circuit Court Judge David Bernhard Real Estate Virginia Circuit Courts

Appellant property owners living within or near a private easement have standing to challenge a special use permit that, the owners allege, will increase traffic on the easement, resulting in “particularized” harm. The circuit court erred by concluding appellants lack ...

Tagged with: Justice Teresa M. Chafin Real Estate Supreme Court of Virginia

Where a transit proffer agreement conditioned a landowner’s liability for payments upon the county extending public transportation to the landowner’s development project, the agreement cannot be enforced. Although the county extended public transportation, there is no nexus between the extension, ...

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

Although a restrictive covenant provided that if the owners of Lots 1 and 2 sold Lot 1, the purchaser must also buy Lot 2, the covenant does not impose a reciprocal obligation if Lot 2 is sold first. The sale ...

Tagged with: Real Estate Supreme Court of Virginia

Where defendants’ bamboo has spread into plaintiffs’ yard, damaging plaintiffs’ shed, the bamboo is both a nuisance and trespassory and must be abated. Issues before the court “The Court has before it the claims of Plaintiffs David Willems and Petra ...

Tagged with: Fairfax County Circuit Court Judge David Bernhard Real Estate Virginia Circuit Courts