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Real Property: Court orders partition by sale of real property
Where the circuit court ordered partition by sale, it did not err. Partition in kind cannot be conveniently made because the property was a residential townhouse. And the sale was in the parties’ best interest because it would resolve years of protracted litigation over the property, and both parties could recoup some of their investment.
Real Property: Operator can protect gas pipeline from mining operations
Where the operator of a gas pipeline sought to perform mitigation work to prevent the pipeline from being damaged by mining activities, and the owner of the land refused to allow access, the court entered an injunction allowing the operator to access the pipeline.
Conduct, testimony supported court’s easement decision
The Virginia Court of Appeals upheld a ruling that a long-established access easement was 20 feet wide, relying on chain-of-title records and testimony in a long property dispute.
Real Property: Court resolves dispute over width of easement
Where the circuit court’s decision regarding the width of an easement was supported by historical documents and trial testimony, it was affirmed.
Real Property: Ejectment statute of limitations doesn’t apply to declaratory judgment
Where a party sought a declaratory judgment that an easement was void, the circuit court erred when it held the suit was barred by the 15-year statute of limitations for ejectment actions. The movant was not seeking to remove the other party from possessing the property.
Real Property: Trial court finds public easement across homeowners’ property
Where the record evidence supports the circuit court’s finding that a public easement exists, its decision was affirmed.
Real Property: HOA prevails in dispute with homeowners over unpaid assessments
Where homeowners claimed they didn’t have to pay annual assessments because the association’s corporate status lapsed, but the status was reinstated, the assessments were due for the period following reinstatement.
Prescriptive easement claim over quarry access rejected
Virginia Court of Appeals rules permissive use of land does not support a prescriptive easement, reversing circuit court’s ruling in property dispute.
Real Property: Lienholder loses in suit over real property proceeds
Where a lienholder argued it was entitled to surplus funds from the judicial sale of real property, its claim was barred by a 10-year limitations period in Code § 8.01-241(A).
Real Property: Circuit court wrongly concluded that lease was unenforceable
Where the parties established reasonably certain price terms or methods to find the amounts payable and provided sufficiently definite requirements and the parties’ essential commitments, the lease was enforceable.
Real Property: Lack of hostility dooms prescriptive easement claim
Where the circuit court recognized and confirmed the existence of a prescriptive easement, it erred. The use of the servient property was permissive and therefore not hostile.
Relocation of easements isn’t unwarranted hardship
Court of Appeals of Virginia affirms developer’s right to relocate easements under § 55.1-304, finding no economic harm or undue hardship to landowners.
Legal Tech
- Gemini Legal launches DraftEngine for civil litigation forms
- Lawyers continue to grapple with AI ethical issues
- Are AI prompts privileged? Time will tell
Verdicts & Settlements
- Medical Malpractice – Death from cancer followed stomach pain misdiagnosis
- Workers’ Compensation – Seasonal worker paralyzed in tobacco baler accident
- Medical Malpractice – Jurors side with doctor in suit over rescue surgery
- Motor Vehicle Negligence – Unicycle rider dies after being hit by car
- Premises Liability – Delivery driver injured by porch decking collapse
Opinion Digests
- Criminal – Allen charge wasn’t abuse of discretion
- Evidence – Expert’s exclusion from trial deemed harmless
- Parent and child – Mother held in contempt for violating visitation order
- Criminal – Court refuses to continue trial despite missing witness
- Criminal – Meth defendant wasn’t entitled to sentencing safety valve
- Tort – Comments about plaintiff were protected opinions
- Real Property – Condo unit owner challenges expansion plans
