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Court of Appeals of Virginia Holds “Right of Way” Not Expressly Released in a Deed Releasing “Easements” is Still in Effect

On Tuesday, the Court of Appeals of Virginia issued a significant decision concerning easements in Barr, et al. v. Garten Development, LLC. The Court held that where a deed that released “easements” conveyed by a previous...more

Court of Appeals of Virginia Holds Possession Under Mistaken Belief Can Establish the Requisite Hostile Possession for a Claim of...

Yesterday, the Court of Appeals of Virginia issued an important decision regarding two often troubling elements under Virginia law regarding proving a claim of adverse possession....more

Court of Appeals of Virginia Holds Plaintiff Who Did Not Seek Reimbursement in its Partition Complaint

On Tuesday, in Lehmann v. WFV Holdings, LLC, Record No. 0201-23-2 (Ct. App. Va. May 14, 2024), available here, the Court of Appeals of Virginia reversed a decision from the Circuit Court of Amelia County, holding that because...more

Court of Appeals of Virginia Determines Will Creates Determinable Life Estate with a Contingent Fee Simple Subject to a Condition...

On Tuesday, in Brown v. Johnson, Record No. 0491-23-4 (Ct. App. Va. April 16, 2024), available here, the Court of Appeals of Virginia affirmed a decision from the Circuit Court of Fairfax County, holding that a will created a...more

Court of Appeals of Virginia Holds Proof of the Physical Location of an Easement is a Necessary Element of an Implied Easement

Yesterday, the Court of Appeals of Virginia held that, in order to establish an implied easement, a party must prove the physical location of the easement. In Thomas E. Morris, et al. v. Anthony Heath Parker, et al., Record...more

New Court of Appeals of Virginia Opinion Regarding Key Requirements To Prove, And Rebut, The Existence Of An Easement By...

Yesterday, the Court of Appeals of Virginia addressed key requirements to prove, and rebut, the existence of an easement by prescription in Boxley v. Crouse, Record No. 0183-23-3. ...more

Title Insurance Client Alert - November 2023

Yesterday, the Court of Appeals of Virginia held where a plaintiff alleges its property is merely in the possession of a third party under a paramount title, it is insufficient to plead actual or constructive eviction, an...more

Recent Virginia Court of Appeals Opinion Holds Statutes of Limitations Do Not Apply Where Only Equitable Relief is Sought

Last week, the Court of Appeals of Virginia issued an important opinion involving trespass and statutes of limitations. In Willems v. Batcheller, Record No. 0754-22-4, 2023 Va. App. LEXIS 524 (Ct. App. Va. Aug. 8, 2023), the...more

Title Insurance Client Alert - June 2023

Recently, the Circuit Court of Arlington County, Virginia, issued an important decision involving the modification and enforcement of deeds of trust. In Mahaley v. Metters, CL21002581-00/01, 2023 Va. Cir. LEXIS 80 (Arlington...more

Recent Court of Appeals of Virginia Opinion Regarding Meaning of Exclusivity Required for Claims of Adverse Possession

Last week, the Court of Appeals of Virginia rendered a significant opinion regarding the meaning of exclusivity required for claims of adverse possession. In Veldhuis v. Abboushi, Record No. 0776-22-4 (Ct. App. Va. May 9,...more

Virginia Real Estate Case Alert - Closing Funds Wired to Fraudster’s Account Covered by Insurance

A recent groundbreaking case decided February 1, 2023, from the United States Court of Appeals for the Fifth Circuit highlights the importance of broad insurance coverage for title agents and other businesses vulnerable to...more

Recent Virginia Circuit Court Opinion Regarding Duties of Servient Tract Owners of an Easement

The Circuit Court of Gloucester County recently granted temporary injunctive relief to the owners of a dominant estate of an easement. In Lineberry v. Andruiulli, Case No. CL22-1192 (Gloucester Cty., Dec. 16, 2022), the Court...more

Title Insurance Client Alert – Supreme Court of Virginia Holds Restrictive Covenant Unenforceable

Wells v. Beville, Record No. 210469 - Yesterday, in an unpublished order, the Supreme Court of Virginia held that a covenant restricting the sale of property on Smith Mountain Lake was unenforceable due to changed...more

Title Insurance Client Alert – Fourth Circuit Rejects Borrower’s Breach of Fiduciary Duty Claim Against Deed of Trust Trustee....

Recently, a unanimous panel of the United States Circuit Court for the Fourth Circuit issued an unpublished opinion shooting down a borrower’s claim that the substitute trustee of his deed of trust breached its fiduciary...more

Title Insurance Client Alert – Strict Construction of Instruments of Conveyance for Easements, Wavell v. Lengel

Strict Construction of Instruments of Conveyance for Easements, Wavell v. Lengel, 2021 Va. Cir. LEXIS 158, Case No. CL20000484-00 (Amherst Co. Cir. Ct. July 12, 2021) - Strict construction of canons of legal...more

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