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Tag Archives: Real Property

Owners enjoined from parking truck on property

After receiving notice to remove a truck from their property, defendant provided insufficient evidence that he successfully converted the truck from an impermissible commercial vehicle into a permissible recreational vehicle. As a result, an injunction will issue compelling defendant to ...

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Jury must decide whether trespass claim was timely

Where plaintiff claims defendants’ underground sprinkler system damaged her property and that they have interfered with her easement rights, the timeliness of plaintiff ‘s trespass and nuisance claims are a jury issue. Further, the circuit court erred when interpreting the ...

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Rescission is available remedy to wrongful foreclosure claim

Where the Virginia Housing Development Authority bought plaintiff’s home at a foreclosure sale, he has stated a rescission claim by alleging the VHDA knew or should have known of an alleged deed of trust violation when it bought the home. ...

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Sinkhole gives rise to condemnation claim

An oil-change company seeking to recover lost profits after access to its business was limited by the county’s alleged unreasonable delay in repairing a sinkhole has sufficiently pleaded an inverse condemnation claim. Overview Plaintiff PM Lube operates an oil change ...

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Tax payments did not create right to illegal property use

The circuit court incorrectly ruled that respondent property owners who paid property taxes for more than 15 years acquired a vested right to continue their illegal use of two buildings. Code § 15.2-2307(D) provides that buildings or structures may not ...

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