Quantcast

Tag Archives: Real Estate

Partial subordination rule applied in foreclosure case (access required)

Where a bank had first- and third-priority liens on real property and recorded an agreement that subordinated the first-priority lien to the third-priority lien, the liens survived when the second-priority lienholder foreclosed after the property owners defaulted. The agreement was ...

Read More »

Some claims survive demurrer in easement case (access required)

Plaintiffs’ claim of a prescriptive easement to use defendants’ road survives demurrer because the complaint alleges exclusive and continuous use, from which plaintiffs’ use under claim of right is presumed. Because plaintiffs have stated a claim, they can seek permanent ...

Read More »

No property interest in demolished house (access required)

Plaintiffs lack the necessary property interest to raise constitutional and inverse condemnation claims arising from the city-ordered demolition of a fire-damaged building in a historical district. Background In 2015, Sinesi bought the Grandy House, which was built in 1901 and ...

Read More »

Short-term home rentals violate zoning ordinance (access required)

The Fairfax Board of Zoning Appeals correctly upheld the county zoning administrator’s violation notice to petitioners, who were making short-term rentals of their residential home. Violation notice Petitioners own a home in a district zoned for “dwellings.” The applicable ordinance, ...

Read More »

Short-term rentals not existing property ‘use’ (access required)

Where the court has previously denied plaintiffs summary judgment on their claim that Fairfax County unreasonably amended its zoning ordinance to regulate short term leases of residential property, plaintiffs erroneously argue in a motion for reconsideration that the court determined ...

Read More »

Zoning amendment regarding short-term leases is reasonable (access required)

Where plaintiffs claim a right to make short-term leases (STLs) of their residential homes through online platforms and allege that Fairfax County unreasonably amended its zoning ordinance regarding STLs by not considering the amendment’s effect on plaintiffs’ by-right use of ...

Read More »

Owners’ association holiday decoration rules unenforceable (access required)

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 ...

Read More »

Rezoning evidence admissible in taking case (access required)

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 ...

Read More »

Condo owners cannot contest development decision (access required)

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 ...

Read More »