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Perfection And Enforcement Of A Mechanic's Lien In Virginia: A Defense Lawyer's Perspective, James L. Windsor Jan 1991

Perfection And Enforcement Of A Mechanic's Lien In Virginia: A Defense Lawyer's Perspective, James L. Windsor

University of Richmond Law Review

The right to a mechanic's lien in Virginia is statutorily created and the Supreme Court of Virginia requires strict adherence to these statutes. During mechanic's lien litigation, the validity of the underlying indebtedness to the claimant or the quality of the claimant's work often has little bearing on whether the lien is valid or enforceable. Rather, the question revolves around whether the claimant or his attorney substantially complied with the procedures mandated by the statutes as interpreted by the courts. These procedural or "technical" defenses are usually raised in the initial or preliminary stages of the litigation, long before any …


University Of Richmond Law Review Jan 1991

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Planning, Zoning And Subdivision Law, Woodrow W. Turner Jr., Mark R. Herring Jan 1991

Annual Survey Of Virginia Law: Planning, Zoning And Subdivision Law, Woodrow W. Turner Jr., Mark R. Herring

University of Richmond Law Review

In recent years, a debate has sharpened in Virginia concerning the limits of public power over private property and the determination of which arm of the government will exercise the public's power in land use matters. This debate has continued into 1990 and 1991.


Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg, Gloria L. Freye Jan 1991

Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg, Gloria L. Freye

University of Richmond Law Review

This article reviews selected judicial decisions and legislation affecting property law in Virginia during the past year. Part I of this article examines decisions of the Supreme Court of Virginia and the United States District Court for the Western District of Virginia. Also included are several decisions from the United States Bankruptcy Courts for the Eastern and Western Districts of Virginia that examine the relationship between lenders and owners of commercial properties producing rental income.