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

Where a homebuyer alleged the former owners concealed a serious mold infestation in the house, she can sue for actual fraud in the inducement, despite the presence of an “as is” clause in the sales contract. Here, said Judge Douglas ...

Tagged with: Fraud Judge Douglas L. Fleming Jr. Loudoun County Circuit Court Real Estate Virginia Circuit Courts

Where plaintiff alleges defendants concealed a mold infestation in the house plaintiff bought from them, an “as is” clause in the sales contract does not insulate defendants from a claim of actual fraud in the inducement. The complaint Plaintiff alleges ...

Tagged with: 20th Circuit Court Judge David B. Carson Real Estate Virginia Circuit Courts

A writ of eviction obtained by the Virginia Housing Development Authority more than 180 days after being awarded possession of the foreclosed premises is enforceable. A federal COVID-19-related eviction moratorium tolled the 180-day statutory period. Overview Ononuju defaulted on his ...

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

Where the owners of an easement over a riparian area were not made parties to litigation involving the land that was subject to the easement, the circuit court’s judgment in that litigation is void. Because the litigation involved the easement ...

Tagged with: Justice Stephen R. McCullough Real Estate Supreme Court of Virginia

Where the circuit court sustained, on the basis of absolute privilege, appellee’s demurrers to claims arising from a lis pendens filing on property, this was error. Absolute privilege is an affirmative defense, which may not be raised in a demurrer. ...

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

A holdover tenant owes a landlord rent for the period of occupancy after the lease expires. The law implies a contract to pay even if there is no oral or written agreement. Background Tran, the plaintiff, leased property to Lewis ...

Tagged with: Real Estate Supreme Court of Virginia