Quantcast
Home (page 2)

Tag Archives: Real Property

Va. Cir.: Neighboring business was not entity’s registered agent (access required)

This court granted judgment by default against all three Defendants for $85,851, attorney’s fees, and costs. After the Plaintiffs attempted to execute the judgment several times, the Defendants moved to set aside the default judgment on four grounds. The court ...

Read More »

Va. Cir.: Country club wins second municipal tax challenge (access required)

For tax purposes, the City of Fairfax must assess Army Navy Country Club’s land as residential property and omit “improvements” (e.g. clubhouse, pool, tennis courts) that would be demolished in the event of residential development. Background This case challenges tax ...

Read More »

SCV: Shareholder suits need not make “futile” demands (access required)

The circuit court erred in in dismissing the plaintiff’s derivative action on the ground that the plaintiff had failed to first make a demand for the limited liability company to take action. No such demand is required when it would ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

WDVA: No sovereign immunity in tax-lien discharge suit (access required)

A bank’s suit seeking a determination that tax liens against a foreclosed property must be discharged was a quiet title action for which the United States has waived sovereign immunity. Background The Knapps, who owned real property in Richlands, Virginia, ...

Read More »

WDVA: Alleged trespass not a taking under FRCP 71.1 (access required)

A pipeline construction company had no legal right to use an access road on the defendants’ property, and therefore the company did not “possess” the land so as to require just compensation to the owner. Background This matter is before ...

Read More »

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 ...

Read More »

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 ...

Read More »