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Tag Archives: Real Estate

WDVA: Forest Service wins easement enforcement action (access required)

Property owners must remove a gate impeding reasonable use of an easement on their property by the U.S. Forest Service, providing regulated recreational access to public lands. They erected the gate to mitigate illegal behavior resulting from public access. Background ...

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CAV: Contempt upheld for “junk” storage in backyard (access required)

A court order requiring a property owner to cure residential zoning violations gave him sufficient notice that he must remove “junk” not only from his front and side yards but also from his back yard. Background In April 2005, Henrico ...

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Judge won’t shield cops who kicked family out of home (access required)

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Law enforcement officers who forced two family members out of their Patrick County home after a foreclosure auction and blocked them from retrieving personal property face a jury trial on conversion and civil rights claims, a Danville federal judge has ...

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Va. Cir.: Easement enforceable despite chain-of-title confusion (access required)

Even though the owner of a servient estate had granted it to himself as trustee of a living trust, his subsequent easement – granted and recorded in his individual capacity – operated as a partial revocation of the prior transfer ...

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4th Cir.: Faulty permit filings foreclosed property interest (access required)

When a BMW store applied for a renovation permit but then performed a demolition instead, the City of Rockville, Maryland, revoked the previously-granted permit. The company’s initial permit applications contained material misrepresentations, so it had no property interest that could ...

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EDVA: Fees awarded in Va. Beach neighborhood suit (access required)

Waterfront property owners who brought a groundless claim against their neighbor for working as a state agent to create a special tax district are liable for his attorneys’ fees. Background In this action, the Plaintiffs allege that Defendant Frank Gurdziel ...

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Va. Cir.: Rescission timeline unaltered by incomplete disclosures (access required)

Prospective buyers had only three days to rescind a purchase agreement after receiving the statutorily-required property owners’ association disclosures. The rescission period is not extended due to incomplete information in the disclosures as submitted. Background Plaintiffs Liam and Brandee Daly ...

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SCV: Jury should have heard from both valuation experts (access required)

In a takings dispute as to the damage value to the remainder property, the trial court erred in excluding only the government’s appraiser, when the property owner’s expert’s opinion was admitted without a superior basis. Background In 2014, the Commissioner ...

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WDVA: Landowners helping tree-sitters held in contempt (access required)

Farmers held to be working in concert with anonymous people in trees for the purpose of blocking construction of a pipeline, in violation of a prior order of the court, are in contempt of court and subject to fines. Background ...

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Va. Cir.: Terminal owner struggles to prove property values (access required)

The owner of a tract of land housing a marine container terminal challenged municipal tax assessments on both real and personal property. Neither party presented credible expert testimony on real property value, and the court rejected the owner’s calculation of ...

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