Where a pipeline company sought a declaration that it satisfied statutory requirements to enter appellant’s land to survey it, appellant’s counterclaim for trespass lacks merit. A trespass claim raised in his motion for summary judgment will not be addressed because ...

Tagged with: Real Estate Supreme Court of Virginia

Where the express terms of an easement grants only ingress and egress to a lake, the easement does not convey riparian rights to plaintiff, and he has no right to dock a boat at a seawall on defendants’ lot. Overview ...

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

A town council could accept a conditional proffer from property owners seeking to lower a zoning district’s minimum mixed-use requirement from what is specified in the town’s zoning ordinance. Rezoning sought A group of property owners asked the Warrenton Planning ...

Tagged with: Justice Lawrence L. Koontz Jr. Real Estate Supreme Court of Virginia

A Richmond-area real estate lawyer violated a bankruptcy stay and breached her fiduciary duty in an invalidated foreclosure sale, a federal bankruptcy judge decided last month. The attorney could face punitive damages, the judge’s opinion said. A lawyer for attorney ...

Tagged with: Foreclosure Real Estate U.S. Bankruptcy Court

Where a city closed one of two roads from which appellant landowner’s commercial property could be accessed, the trial court correctly ruled this was not a taking that entitled appellant to compensation. Background The landowner’s commercial property has frontage on ...

Tagged with: Judge Leslie L. Lilley Real Estate Supreme Court of Virginia

Where highway construction required appellant to relocate his dental practice, his suit against the highway commissioner for statutory benefits under the Virginia Relocation Assistance Act was properly dismissed. There is no private right of action under the VRAA. Overview Appellant ...

Tagged with: Real Estate Supreme Court of Virginia

A lease was not modified by a subsequent letter or estoppel certificate because neither document was signed by all parties and thus lacked mutual assent. Nor could subsequent conduct vary the unambiguous lease. Although the lease allowed the landlords to ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Contract Judge James A. Wynn Jr. Real Estate

Nature Conservancy, the holder of a conservation easement on property that has been taken as part of a permanent easement for construction of a natural gas pipeline, will receive the majority of the payout, based on its majority ownership of ...

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

Where a shipyard claims a natural gas company’s pipeline, constructed on an easement over the shipyard’s property, entitles it to severance damages, the court grants the gas company’s motion to exclude expert opinions on the amount of severance damages. Overview ...

Tagged with: Judge Mary Jane Hall Norfolk Circuit Court Real Estate Virginia Circuit Courts

A case that started as a routine action for unpaid rent, then turned into one of the Fairfax circuit court’s “most heavily litigated matters for the past two years,” has reached a punctuation point. After finding for the landlord in ...

Tagged with: Landlord and tenant Real Estate