A homeowner association’s seasonal decoration guidelines exceeded its declaration of restrictive covenants and are thus unenforceable. The circuit court’s judgment, which upheld fines imposed against appellant property owners for violating the guidelines, and which awarded attorney fees and costs, is ...

Tagged with: Justice D. Arthur Kelsey Real Estate Supreme Court of Virginia

Evidence of the probability that appellant’s farmland would be rezoned for commercial use was admissible in this condemnation case to determine the compensation due for land taken to construct a highway interchange. Background The highway commission sought to take a ...

Tagged with: Justice Cleo E. Powell Justice Elizabeth A. McClanahan Justice S. Bernard Goodwyn Justice Stephen R. McCullough Real Estate Supreme Court of Virginia

Plaintiffs, who are individual members of a condominium owners association, lack standing to challenge Fairfax County’s decision to approve defendants’ application to undertake a townhouse development project adjacent to plaintiff’s property. Overview The Dulles Professional Center Condominium Unit Owners Association ...

Tagged with: Fairfax County Circuit Court Judge Robert J. Smith Real Estate Virginia Circuit Courts

Where the Virginia Housing Development Authority was awarded possession of plaintiff’s property in a district court unlawful detainer action, the doctrines of collateral estoppel and res judicata do not bar plaintiff’s claim that the title is defective. The demurrers as ...

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

Where defendant did not reconvey property to plaintiff as agreed, plaintiff’s allegation that defendant never intended to do so sufficiently states a claim for actual fraud but not constructive fraud. Facts Plaintiff Gutterman purchased residential real estate for $93,500 without ...

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

Where a zoning administrator cited petitioners for violating the Fairfax County zoning ordinance because they made occasional online rentals of their residence, the Board of  Zoning Appeals erred by upholding the citation. The abode at issue is used more or ...

Tagged with: Fairfax County Circuit Court Judge Dontae L. Bugg Real Estate Virginia Circuit Courts

BY CORREY E. STEPHENSON BridgeTower Media Newswires Overruling 22 years of precedent, the en banc 4th U.S. Circuit Court of Appeals has ruled that Chapter 13 debtors may divide some undersecured home mortgage loans into secured and unsecured claims and ...

Tagged with: 4th U.S. Circuit Court of Appeals News Bankruptcy Real Estate

A judge has allowed a lawsuit to move forward against owners and a rental agent who allegedly balked at renting a home to a large family. The owners reportedly sought extra rent when they learned a family of nine was ...

Tagged with: Housing Judge Jeanette A. Irby Loudoun County Circuit Court Real Estate

A wife who breached two sections of the couple’s property settlement agreement was properly held in civil contempt, the Virginia Court of Appeals has held. And under the PSA, she must pay her ex-husband’s attorneys’ fees for enforcing the agreement. ...

Tagged with: Contempt Judge Wesley G. Russell Jr. Real Estate Virginia Court of Appeals News

A temporary injunction to block demolition of an arson-damaged house in a historic district is denied. Although irreparable injury will occur because the structure cannot be replaced if demolished, the risk of public harm caused by the house’s dilapidated condition ...

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