Because nothing in the deed evidenced a contrary intent, the plaintiff had a right to the disputed portion of a road by operation of law. Background This case arises from a boundary dispute between Philip P. Ettinger and Oyster Bay ...

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

A condo developer successfully petitioned to invalidate a subcontractor’s mechanic’s lien on the individual condos after the general contractor reportedly went bankrupt. Though it had sold all the condos, the developer had standing to bring the petition by virtue of ...

Tagged with: Construction Judge Jeanette A. Irby Loudoun County Circuit Court Real Estate Real Property Virginia Circuit Courts

A plaintiff allegedly trying to assume the loan obligations on a home owned by her late husband did not plausibly allege facts to support her breach-of-contract claims against the lender. The entity that conducted the foreclosure sale was dismissed as ...

Tagged with: Banking Contract Judge M. Hannah Lauck Mortgage Real Estate Real Property U.S. District Court - Eastern District

Despite skepticism about a plaintiff-debtor’s ultimate chances, the court declined to dismiss his Fair Debt Collection Practices Act claim alleging that his mortgage lender and loan servicer intentionally lied to him about whether a home foreclosure was scheduled. Background In ...

Tagged with: Consumer Reporting Judge John A. Gibney Jr. Mortgage Real Estate Real Property U.S. District Court - Eastern District

Rain-induced sediment flows that have overcome Mountain Valley Pipeline’s erosion controls might not recur in the future, especially in light of heightened oversight by state and federal agencies. Therefore, preliminary injunctive relief is not appropriate. Background The Plaintiffs are landowners ...

Tagged with: Environmental Judge Elizabeth K. Dillon Real Estate Real Property Tort U.S. District Court - Western District

West Point residents stated viable nuisance and trespass claims against a paper mill near their properties. The plaintiffs alleged that wood dust invades the air in their homes and cars, even with windows closed. Background In downtown West Point, Virginia, ...

Tagged with: Environmental Judge John A. Gibney Jr. Real Estate Real Property Tort U.S. District Court - Eastern District

The trial court did not err in concluding that Code § 56-49.01(A) allows a natural gas company to gain access to private property for the purpose of conducting surveys and other activities, even if it can show that these activities ...

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

This court granted judgment by default against all three Defendants for $85,851, attorney’s fees, and costs. After the Plaintiffs attempted to execute the judgment several times, the Defendants moved to set aside the default judgment on four grounds. The court ...

Tagged with: Civil Procedure Contract Judge Everett A. Martin Jr. Norfolk Circuit Court Real Estate Real Property Virginia Circuit Courts

For tax purposes, the City of Fairfax must assess Army Navy Country Club’s land as residential property and omit “improvements” (e.g. clubhouse, pool, tennis courts) that would be demolished in the event of residential development. Background This case challenges tax ...

Tagged with: Fairfax County Circuit Court Judge Daniel E. Ortiz Real Estate Real Property Taxation Virginia Circuit Courts

The circuit court erred in in dismissing the plaintiff’s derivative action on the ground that the plaintiff had failed to first make a demand for the limited liability company to take action. No such demand is required when it would ...

Tagged with: Business Law Corporate Corporations Justice Stephen R. McCullough Real Estate Real Property Supreme Court of Virginia