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Articles 61 - 90 of 156
Full-Text Articles in Property Law and Real Estate
Annual Survey Of Virginia Law: Property Law, W. Wade Berryhill
Annual Survey Of Virginia Law: Property Law, W. Wade Berryhill
University of Richmond Law Review
As legal years go, action on the 1996 legislative and judicial fronts was relatively quiet in the area of property law. The legislative activity which spawned most of the interest was bills addressing the definitional limits of the unauthorized practice of law in real estate closings. These bills were not enacted and have been carried over for the next legislative session.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Quantifying Liability Under The Architect's Standard Of Care, Murray H. Wright, David E. Boelzner
Quantifying Liability Under The Architect's Standard Of Care, Murray H. Wright, David E. Boelzner
University of Richmond Law Review
In recent years, architects and other design professionals have become the targets of claims arising from problems encountered in construction projects. In addition to incurring the costs of defending such claims, these design professionals (or their insurers) have often found themselves absorbing the liability for many "errors and omissions" that are difficult to defend when individually excerpted from a substantial project. This treatment of claims for defective design reflects a distortion of the architect's professional standard of care that is justified neither by the contractual liability assumed by the architect nor by the economic balance among the parties involved in …
Participatory Government And Communal Property: Two Radical Concepts In The Virginia Charter Of 1606, Finbarr Mccarthy
Participatory Government And Communal Property: Two Radical Concepts In The Virginia Charter Of 1606, Finbarr Mccarthy
University of Richmond Law Review
On April 26, 1607, about one hundred English men landed on the Atlantic shore of North America near Jamestown, Virginia. There they established the foundation for what would become the first permanent English colony in America. These men, and the men and women who followed in the next decade, left as their legacy a society that combined a rudimentary form of popular government with a system of private property. But these settlers established that society only after conducting seventeen turbulent years of social experiments. Had those experiments conducted in that Virginia swamp turned out differently, we might now live under …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Property Law, L. Charles Long Jr., Gina M. Burgin, Pamela B. Beckner
Annual Survey Of Virginia Law: Property Law, L. Charles Long Jr., Gina M. Burgin, Pamela B. Beckner
University of Richmond Law Review
This article reviews selected judicial decisions and legislation affecting real property law in Virginia during the past year. Part I discusses some of the more significant cases decided by the Supreme Court of Virginia. Part II discusses some of this year's most significant legislation enacted by the Virginia General Assembly.
Overtaking The Fifth Amendment: The Legislative Backlash Against Environmentalism, Michael Allan Wolf
Overtaking The Fifth Amendment: The Legislative Backlash Against Environmentalism, Michael Allan Wolf
Law Faculty Publications
These are heady times for the champions of private property rights. The U.S. Supreme Court, in Dolan v. City of Tigard, building on the foundation laid in Nollan v. California Coastal Commission and Lucas v. South Carolina Coastal Council,6 chastised a local government for its apparent failure to demonstrate that the development conditions placed on a commercial landowner were "roughly proportional" to the city's goals of floodplain protection and traffic regulation. Judges sitting on the U.S. Court of Claims ("Claims Court"), a veritable hotbed of regulatory takings activity, have issued a series of opinions resulting in hefty bills …
The Evolution Of Implied Warranties In Commercial Real Estate Leases, Paula C. Murray
The Evolution Of Implied Warranties In Commercial Real Estate Leases, Paula C. Murray
University of Richmond Law Review
Landlord-tenant law has undergone a major change since it was first developed in England in the Middle Ages. During feudal times, the lease was considered a conveyance of real property. The landlord transferred possession of the property and in return the tenant paid rent. The lease covenants existed independently of each other. Thus, if the landlord breached the lease, the tenant was not relieved of his obligation to pay rent. The landlord owed no obligation to the tenant other than the assurance of quiet enjoyment of the property. The tenant bore all the risk of the physical condition of the …
Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg, Gina M. Burgin, L. Charles Long Jr.
Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg, Gina M. Burgin, L. Charles Long Jr.
University of Richmond Law Review
This article reviews some of the more significant cases and legislation affecting Virginia property law over the past year. The Virginia Supreme Court revisited a wide range of issues, including the level of visibility to which an adverse use must rise to establish title by adverse possession. The court also revisited the steps that a mechanic's lienor must take in order to protect his or her lien. Additionally, the court also explored some new issues, such as the applicability of the rule against perpetuities to a purchase option contained in a lease.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Property Law, L. Charles Long Jr.
Annual Survey Of Virginia Law: Property Law, L. Charles Long Jr.
University of Richmond Law Review
While the Supreme Court of Virginia handed down decisions of significance dealing with the ownership and operation of real property in the Commonwealth during the past year, in most cases the court was content to apply well-settled law in new fact situations, or to extend the boundaries of such law gently into new territory. The General Assembly, for its part, spent most of its energy clarifying existing legislation or repairing portions of statutes which, either in operation or in prospect, needed relatively minor modifications. The foregoing statements are not intended to belittle the cases which were decided and the legislation …
Sin, Scandal, And Substantive Due Process, Wendy Collins Perdue
Sin, Scandal, And Substantive Due Process, Wendy Collins Perdue
Law Faculty Publications
For students of civil procedure, the names Pennoyer and Neff evoke these dry facts: In an initial suit, one J.H. Mitchell sued Neff in Oregon state court. Because Neff could not be found within Oregon, he was served by publication. Neff never appeared, and a default judgment was entered against him. To satisfy the judgment, Mitchell attached Neff's Oregon real estate. The property was sold at auction, and Pennoyer later acquired it. Nearly a decade later, Neff returned to Oregon and brought suit in federal court to evict Pennoyer from the land, claiming that the original judgment was invalid. The …
Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg
Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg
University of Richmond Law Review
Both the Virginia Supreme Court and the General Assembly addressed important issues affecting property law in Virginia over the past year. For instance, the Virginia Supreme Court considered for the first time the extent to which dominant estate owners could improve rights of way benefiting their property. The General Assembly has gone a long way toward vitiating the long held caveat emptor rule predominant in Virginia by adopting a residential sales disclosure statute. These and other important cases and statutes are discussed below.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg, Gloria L. Freye
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.
Annual Survey Of Virginia Law: Planning, Zoning And Subdivision Law, Woodrow W. Turner Jr., Mark R. Herring
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.
Perfection And Enforcement Of A Mechanic's Lien In Virginia: A Defense Lawyer's Perspective, James L. Windsor
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 …
A Landlord's Duty To Protect Against Criminal Act On Premises: A Proposal For Virginia, Bonnie Mcduffee
A Landlord's Duty To Protect Against Criminal Act On Premises: A Proposal For Virginia, Bonnie Mcduffee
University of Richmond Law Review
"The world abounds with laws, and teems with crimes," a statement made in 1775, applies with equal force today. No one escapes the specter of crime. An Arlington, Virginia woman, assaulted in her apartment, knows the toll crime takes. So does a woman falling victim to an attacker in a dark Norfolk, Virginia parking lot.
Annual Survey Of Virginia Law: Planning, Zoning And Subdivision Law, Woodrow W. Turner Jr.
Annual Survey Of Virginia Law: Planning, Zoning And Subdivision Law, Woodrow W. Turner Jr.
University of Richmond Law Review
The philosophy which guided the Supreme Court of Virginia in reviewing land use cases in the decade of the 1970's is exemplified by the Court's reasoning in Fairfax County v. Snell Corp.
Annual Survey Of Virginia Law: Property Law, Michael H. Terry, Charles H. Rothenberg, Gloria L. Freye
Annual Survey Of Virginia Law: Property Law, Michael H. Terry, Charles H. Rothenberg, Gloria L. Freye
University of Richmond Law Review
The Supreme Court of Virginia, the United States Court of Appeals for the Fourth Circuit, and the Circuit Court of Fairfax County have decided a number of important property law cases over the past year. Part I of this article discusses the most significant of those cases. Legislation passed by the Virginia General Assembly with respect to property is discussed in Part II of this article.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Liabilities Of The Innocent Current Owner Of Toxic Property Under Cercla, Diana L. Mcdavid
Liabilities Of The Innocent Current Owner Of Toxic Property Under Cercla, Diana L. Mcdavid
University of Richmond Law Review
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") was enacted to facilitate prompt cleanup of property contaminated by hazardous wastes. CERCLA seeks to accomplish its goal in part by placing the financial burden of cleanup on those parties who are responsible for the problem and who benefited from the hazardous waste activity. Because environmental cleanup is a national priority and the cost of cleaning up toxic waste sites is staggering, the scope of liability under CERCLA is broad. A clean environment is a laudable goal and compelling responsible parties to bear the cost of cleanup is fair, …
Annual Survey Of Virginia Law: Property Law, James W. Theobald, Charles H. Rothenberg
Annual Survey Of Virginia Law: Property Law, James W. Theobald, Charles H. Rothenberg
University of Richmond Law Review
Numerous court decisions affecting property law in Virginia have been announced since the last edition of this portion of the annual survey. Significant decisions of the Supreme Court of Virginia, Virginia Court of Appeals and the Court of Appeals for the Fourth Circuit are discussed in Section I of this article. Furthermore, a prolific General Assembly has passed various legislation affecting property law ranging from condominiums to zoning. Significant legislation is discussed in Section II.
Environmental Liability In Real Property Transactions, Timothy G. Hayes, William J. Dinkin
Environmental Liability In Real Property Transactions, Timothy G. Hayes, William J. Dinkin
University of Richmond Law Review
In recent years, the scope of environmental liability has broadened considerably. Cleanup costs are no longer solely the concern of those directly engaged in the generation and disposal of hazardous wastes. Federal and state environmental statutes now create potential liability for parties to a variety of seemingly innocent transactions. Purchasers of contaminated property may be required to pay for hazardous waste cleanup. Corporate entities may also face environmental liability through mergers, consolidations and asset acquisitions. In addition, lenders may risk liability or impairment of collateral when contaminated property is used to secure a loan.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Environmental Liens And Title Insurance, Robert S. Bozarth
Environmental Liens And Title Insurance, Robert S. Bozarth
University of Richmond Law Review
Increased concern for the environment and environmental protection laws have affected title insurance. To understand this effect, it is necessary to examine our environmental problems, the environmental laws and the nature of title insurance. This article also looks at the title insurance industry's reaction to these environmental risks as compared to the reaction of the property/casualty insurance industry.
Little House Of Horrors: May A Condominium Association Be Held Liable For Failure To Provide Adequate Security Or Maintenance In The Common Areas?, Phyllis M. Rubinstein, William A. Walsh Jr.
Little House Of Horrors: May A Condominium Association Be Held Liable For Failure To Provide Adequate Security Or Maintenance In The Common Areas?, Phyllis M. Rubinstein, William A. Walsh Jr.
University of Richmond Law Review
The use of the condominium form of ownership has grown at a rapid pace. Since 1961, when Congress authorized the Federal Housing Administration to insure mortgages on condominium dwellings, the lawmaking bodies of every state and the District of Columbia have passed enabling legislation that provides for the creation of a condominium regime with a statutory base. The condominium is a unique form of property ownership, which now constitutes a significant percentage of all new housing starts. Although the development of the condominium has many positive aspects, the unique structure of a typical condominium regime has presented the legal community …
Property, W. Wade Berryhill
Property, W. Wade Berryhill
Law Faculty Publications
This year, the courts decided many property law issues of interest to the general practitioner. Section I discusses cases from the federal district and circuit courts, as well as the Virginia Supreme Court and the Virginia Court of Appeals. The 1987 session of the General Assembly resulted in several changes affecting property laws in Virginia. Section II lists the most significant statutes.
Annual Survey Of Virginia Law: Property, W. Wade Berryhill
Annual Survey Of Virginia Law: Property, W. Wade Berryhill
University of Richmond Law Review
This year, the courts decided many property law issues of interest to the general practitioner. Section I discusses cases from the federal district and circuit courts, as well as the Virginia Supreme Court and the Virginia Court of Appeals. The 1987 session of the General Assembly resulted in several changes affecting property laws in Virginia. Section II lists the most significant statutes.