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Articles 61 - 90 of 122
Full-Text Articles in Property Law and Real Estate
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 …
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.
Municipal Lease-Purchase Agreements: A Virginia Perspective, R. Webb Moore
Municipal Lease-Purchase Agreements: A Virginia Perspective, R. Webb Moore
University of Richmond Law Review
America's state and local governments are in a fiscal vise. Federal intergovernmental aid reached a high water mark in fiscal 1979, but subsequent cutbacks by President Reagan and Congress brought the era of rapid growth in federal domestic spending to a screeching halt in 1981 with reductions of over fifty-three billion dollars in budgetary authority and thirty-five billion dollars in budgetary outlays. Local governments have responded by taking one of three fiscal paths: (1) forced austerity, resulting in school and library closings, deteriorating infrastructure, elimination of mass-transit systems and benefit and personnel cuts; (2) an increased dependence on local tax …
Annual Survey Of Virginia Law: Property, W. Wade Berryhill
Annual Survey Of Virginia Law: Property, W. Wade Berryhill
University of Richmond Law Review
The 1986 General Assembly may be remembered as much for what it did not do as for what it did. Carried over into the next session was House Bill 810, which would have abolished dower and curtesy in favor of a statutory share for the surviving spouse in the deceased spouse's estate. Of course, passage of this bill would have ushered in significant change in the practice of decedents' estates. Significantly, passage of the bill also would have legislatively overruled recent judicial and legislative activity which has created the sole and separate estate, for both female and male, allowing circumvention …
The Purchase Money Security Interest In Inventory Versus The After-Acquired Property Interest-A "No Win" Situation, Nathaniel Hansford
The Purchase Money Security Interest In Inventory Versus The After-Acquired Property Interest-A "No Win" Situation, Nathaniel Hansford
University of Richmond Law Review
Extending credit entails risk. Seldom is a creditor absolutely assured of complete payment of his debt. Not only is there a risk in almost every loan, but the types of risks that must be weighed are manifold. The debtor may be a poor business person and never make a profit sufficient to repay the debt. The debtor class is replete with scoundrels and outright crooks who borrow money without any intention to service the debt. The economy may slump to such a degree that even astute business persons are pressed to pay their outstanding obligations. The creditor's collateral may deteriorate …
Landlord Liability For Crimes Committed By Third Parties Against Tenants, C. Stephen Setliff
Landlord Liability For Crimes Committed By Third Parties Against Tenants, C. Stephen Setliff
University of Richmond Law Review
A landlord's potential liability for crimes committed by third parties against tenants has been a dynamic and expanding area of the law since 1970. While several jurisdictions have been reluctant to expand the landlord's liability to his tenant, other courts have found the landlord liable for criminal acts based upon tort and contract principles.
Annual Survey Of Virginia Law: Property, W. Wade Berryhill
Annual Survey Of Virginia Law: Property, W. Wade Berryhill
University of Richmond Law Review
The General Assembly made several minor changes affecting property law in Virginia. The most significant of these changes was the amendment of the Code's provisions regarding a spouse's dower and curtesy interests in the separate estate of a deceased spouse. In addition to this legislation, the Virginia Supreme Court decided several cases dealing with varied property issues. The decisions discussed below are those which should have the most interest to the general practitioner. The real estate specialist, no doubt, is already aware of most of them.
Taking Precedents In The Tidelands: Refocusing On Eminent Domain, W. Wade Beryyhill, Susan S. Williams
Taking Precedents In The Tidelands: Refocusing On Eminent Domain, W. Wade Beryyhill, Susan S. Williams
University of Richmond Law Review
"Buy land, they're not making any more," Will Rogers supposedly once recommended. If he did, then Will had never taken a good look at the shore: Over the years, millions of acres of tidelands have been dredged and filled, many to provide new recreational facilities and vacation homesites.
Local Government Liability In Virginia For Negligent Inspection Of Buildings, Structures And Equipment, Matthew W. Broughton
Local Government Liability In Virginia For Negligent Inspection Of Buildings, Structures And Equipment, Matthew W. Broughton
University of Richmond Law Review
There is a growing trend in Virginia, as well as in many other states, for injured citizens to hold local governments liable for personal injuries and loss of property resulting from the negligent inspection by building officials of privately owned buildings and structures. The recent abrogation of the doctrine of sovereign immunity in the majority of jurisdictions has served to encourage such litigation, but abrogation alone has proven to be no guarantee of recovery for negligent inspection. Rather, the majority of jurisdictions have continued to enjoy immunity by asserting that building inspectors perform a discretionary governmental function for which no …
Title Examination In Virginia, W. Wade Berryhill
Title Examination In Virginia, W. Wade Berryhill
University of Richmond Law Review
The purpose of this article is to provide an understanding of the basic procedures of title examination. The emphasis is on the mechanics and practical considerations involved in a search of title. Although the focus of any legal work is "the law," this article is not meant to be a legal treatise. It is rather a practical "how to" guide. The author hopes, however, that this writing will not only acquaint the reader with the basic techniques of title examination but will also assist the title examiner in solving the related problems which arise when some of the more common …
Enforcement Of Judgments And Liens In Virginia, Federal Regulation Of Family Law, J. Stephen Proffitt Iii, Peter N. Swisher
Enforcement Of Judgments And Liens In Virginia, Federal Regulation Of Family Law, J. Stephen Proffitt Iii, Peter N. Swisher
University of Richmond Law Review
Collection practice has undergone a major transition over the past fifteen years. Once the ignored bastard by the mainstream of the bar, collection practice has survived and matured into a serious endeavor for a growing body of lawyers. Several reasons underlie this change. First, as society has become more transient and business relationships increasingly impersonal, businessmen and professionals have had to intensify collection efforts to maintain profit levels. Since legislation and supplementary case decisions have made debtor-creditor law a complex field, lawyers are frequently called upon to do collection work because of their expertise in using sophisticated legal procedures. Second, …
Liability Of A Possessor Of Premises To Public Officials For Physical Harm Caused By A Condition Of The Premises - A Rule For Virginia, Willard I. Walker, Marilyn K. Dunavant
Liability Of A Possessor Of Premises To Public Officials For Physical Harm Caused By A Condition Of The Premises - A Rule For Virginia, Willard I. Walker, Marilyn K. Dunavant
University of Richmond Law Review
Although Virginia has established rules of liability for possessors of premises to trespassers, licensees, and invitees, the Supreme Court of Virginia has not addressed the possessor's liability for conditions on the premises causing physical harm to public officials who are lawfully upon the premises by virtue of a privilege and without the possessor's express permission or invitation. These officials include those who are authorized, but not required, by statutes or ordinances to be upon the premises, whether or not their employment requires it, e.g., firemen and policemen. Such officials are likely to be upon the premises at unexpected times and …
Condominium Conversion Lease Extensions For Elderly And Disabled Tenants: Is Virginia's New Law A Panacea?, Thomas A. Louthan
Condominium Conversion Lease Extensions For Elderly And Disabled Tenants: Is Virginia's New Law A Panacea?, Thomas A. Louthan
University of Richmond Law Review
Rental housing has been converted to condominiums at an increasingly rapid rate in recent years. Between 1970 and 1979, approximately 366,000 rental units were converted to condominiums or cooperatives nationwide. In Virginia, the City of Alexandria witnessed 7,173 conversions between 1973 and 1982; and Fairfax County experienced 5,113 conversions from 1974 to 1980. Arlington County experienced approximately 700 conversions per year from 1972 to 1978 and 1,400 per year since January, 1979.
Virginia Laws Affecting Churches - Restated, J. Rodney Johnson
Virginia Laws Affecting Churches - Restated, J. Rodney Johnson
University of Richmond Law Review
Twenty-five years ago, the late William T. Muse, then Dean of the University of Richmond School of Law, observed that although there was considerable law in Virginia relating to churches this law was widely scattered throughout the statutes and the cases. To remedy this state of affairs, Dean Muse wrote a concise but complete summary of these laws. In the quarter-century that has elapsed since Dean Muse's article was published, Virginia has adopted a new constitution, many church-related statutes have been enacted and a number of church-related cases have been decided, some of which have refined established principles and others …
In Re Cheeseman: A Judicial Revision Of Virginia's Homestead Exemption Laws, Henry N. Ware Jr.
In Re Cheeseman: A Judicial Revision Of Virginia's Homestead Exemption Laws, Henry N. Ware Jr.
University of Richmond Law Review
The Bankruptcy Reform Act of 1978 was the first major revision of federal bankruptcy law in over forty years. An important goal of the Act is to provide the debtor with a "meaningful fresh start." To that end, the Bankruptcy Act provides liberalized allowances in amounts and types of property that a debtor may hold exempt from creditors in an insolvency proceeding. Under section 522 subsection (b) of the Act, however, a state is permitted to "opt out" of the federal exemption scheme and prescribe under its own law the exemptions a debtor may claim. Virginia is among those states …
Legal Education In Virginia 1779-1979; Land Use Law: Issues For The Eighties, Lewis T. Booker, Susanne L. Shilling
Legal Education In Virginia 1779-1979; Land Use Law: Issues For The Eighties, Lewis T. Booker, Susanne L. Shilling
University of Richmond Law Review
No abstract provided.
Challenging Rezoning In Virginia, William F. Neely
Challenging Rezoning In Virginia, William F. Neely
University of Richmond Law Review
Zoning is an intrusion into our everyday lives, regulating a right basic to most Americans-the free use of their land. As municipalities increase their use of the zoning mechanism, more landowners will find the use of their lands restricted and in turn will seek legal counsel in order to challenge the restrictions. Presently, when faced with a rezoning question, a practitioner has to filter through the many treatises, articles and cases in an attempt to pull together Virginia law. It is the purpose of this comment to compile Virginia rezoning law in order to serve as a reference for the …
Conditional Zoning In Virginia, Frank O. Brown Jr., Susanne L. Shilling
Conditional Zoning In Virginia, Frank O. Brown Jr., Susanne L. Shilling
University of Richmond Law Review
Zoning ordinances in the United States are of relatively recent origin. Local government planners were quick to recognize their usefulness as a means of land use control, and over the years zoning ordinances have been developed into many varied and complex forms. This article will focus on conditional zoning, one of the newest forms of zoning, as it exists today in Virginia. Some background on zoning in general, however, will be useful to achieve a proper understanding of conditional zoning.
The Due-On-Sale Clause: A Marriage Gone Sour- A Checklist For The Practitioner, W. Wade Berryhill
The Due-On-Sale Clause: A Marriage Gone Sour- A Checklist For The Practitioner, W. Wade Berryhill
University of Richmond Law Review
The problem begins simply enough. Soon moving to another city a homeowner negotiates and signs a contract for the sale of his present home. The contract provides that the purchasers are to assume the current mortgage with an interest rate of 91 %. The vendor and the purchasers notify the lender of the intended sale. Despite the fact that the proposed purchasers qualify as acceptable credit-risks, the lender informs the parties that the current mort- gage contains a "due-on-sale" clause and that he intends to accelerate the due date of the mortgage unless the purchasers agree to accept an increase …
Sears, Roebuck & Co. V. San Diego County District Council Of Carpenters: Garmon Reconsidered And The Reaffirmation Of Property Rights, Keith Barker
University of Richmond Law Review
Sears, Roebuck & Co. v. San Diego County District Council of Carpenters resolves the problem of a jurisdictional hiatus facing an employer when a union's peaceful picketing on his property is within the ambit of the National Labor Relations Act (NLRA or the Act). Prior to the Sears decision, the right of the states to enjoin labor union picketing on an employer's private property, when the union's picketing was arguably protected and arguably prohibited, was uncertain. As a rule, conduct which is arguably protected under the Act or arguably prohibited under the Act, with few exceptions, cannot be the subject …
Virginia's Reaction To An Implied Warranty In Real Estate Transactions: Bruce Farms, Inc. V. Coupe, Deborah C. Welsh
Virginia's Reaction To An Implied Warranty In Real Estate Transactions: Bruce Farms, Inc. V. Coupe, Deborah C. Welsh
University of Richmond Law Review
Years ago, caveat emptor was the rule in real estate transactions. A home buyer's own inspection was considered reliable in determining if the house was structurally sound and habitable. Today, the situation is different. Potentially troublesome conditions in a house are easily concealed, and inspection by the buyer may not reveal latent defects. For this reason, the doctrine of implied warranty has replaced caveat emptor in many jurisdictions.
Mechanics Liens - Allocation Among Multi-Unit Projects Under Virginia Law, David L. Lingerfelt
Mechanics Liens - Allocation Among Multi-Unit Projects Under Virginia Law, David L. Lingerfelt
University of Richmond Law Review
In several recent decisions the Virginia Supreme Court and the Federal District Court for the Eastern District of Virginia have ruled on the validity of blanket or joint mechanic's liens. The blanket lien, as may be inferred from its name, is used to encumber more than one property unit in a single action. Its benefit is sought when an artisan or material supplier has improved two or more units in one transaction, and there has been a failure of remuneration. The mechanic's lien gives the artisan a preferred status among creditors, and therefore its immunity to attack is of critical …
Barring Slayers' Acquisition Of Property Rights In Virginia: A Proposed Statute, Sandra Gross Schneider
Barring Slayers' Acquisition Of Property Rights In Virginia: A Proposed Statute, Sandra Gross Schneider
University of Richmond Law Review
The above passage by Justice Benjamin Cardozo clearly reflects the age-old maxim of the common law, Nullus commodurn caperepotest de injuria sua propria, which expounds the philosophy that no individual shall profit from his own wrong. The present Virginia statute concerning homicide and succession to property was enacted by the legislature to reflect this common law policy. However, because of the very narrow scope of the statute and the requirement that it be strictly construed, it is presently inadequate to respond to many of the issues facing our judges in Virginia. Section 64.1-18 of the Virginia Code states that no …
Subdivided Land Sales Act, Elliott H. Dejarnette
Subdivided Land Sales Act, Elliott H. Dejarnette
University of Richmond Law Review
In response to a committee study on the sale of recreational property, the 1978 Virginia General Assembly passed the Subdivided Land Sales Act. This act is designed to control the typical recreational land developer whose development consists of a hundred or more lots, part of which are sold by land sales installment contracts pursuant to a common promotional plan and where the purchasers are to have the use of and access to common facilities and amenities for which they pay annual assessments. It is estimated that there are over three hundred and fifty such recreational developments already existing in Virginia. …
Closing The Closing Gap, James G. Cosby
Closing The Closing Gap, James G. Cosby
University of Richmond Law Review
It has been twenty-six years since Professor (now Dean) Emerson G. Spies of the University of Virginia School of Law first called for much-needed basic reform in the conveyancing of real property. Professor Spies suggestions centered around the need for a Marketable Title Act, tract indexes, and the development and use of standards for title examination.
A Larson-Zuckman Checklist For Partnership Tax Classification Of Ulpa Real Estate Shelters, J. Durwood Felton Iii
A Larson-Zuckman Checklist For Partnership Tax Classification Of Ulpa Real Estate Shelters, J. Durwood Felton Iii
University of Richmond Law Review
Real estate developments necessarily require large amounts of capital, and are usually dependent on financing from sources other than the venture group assembled to construct and operate a proposed project. Theoretically, such ventures may be undertaken in many forms, corporate and otherwise, and the available financing vehicles may include debt instruments, equity shares and innumerable combinations thereof. In reality, however, business and legal considerations often dictate organization and operation of such ventures within more narrowly defined limits.
Property Taxation In Virginia, Gordon M. Cooley, Burton F. Dodd, Norman T. Fowlkes, Julia Krebs-Markrich, Ronald E. Kuykendall
Property Taxation In Virginia, Gordon M. Cooley, Burton F. Dodd, Norman T. Fowlkes, Julia Krebs-Markrich, Ronald E. Kuykendall
University of Richmond Law Review
The Virginia Constitution mandates that all property within the state, except exempt property, must be taxed. In light of the constitution's directive, this note examines the present Virginia property taxation structure in order to provide the practitioner with a guide to its application and operation.
Two Perspectives On The Real Estate Title System: A Proposal For A Title Registration System For Realty, Martin Lobel
Two Perspectives On The Real Estate Title System: A Proposal For A Title Registration System For Realty, Martin Lobel
University of Richmond Law Review
As the ancient legal apparatus providing for the transfer of land creaks into the final quarter of the twentieth century, the need for a massive overhaul becomes increasingly clear. Designed and introduced at a time when it could work reasonably well, the land recordation system has now reached senility, its irrationality becoming more and more apparent with each passing year.
Respa Revised And Revisited, Edward S. Hirschler
Respa Revised And Revisited, Edward S. Hirschler
University of Richmond Law Review
It is hard to believe that the Real Estate Settlement Procedures Act of 1974, which was signed by President Ford on December 22, 1974, and the revision that became effective on January 2, 1976,2 could have the same name-RESPA. It is even more remarkable that it took less than a year for the monstrosity which became effective on June 20, 1975, to evolve into what is now a reasonably workable statute with regulations which clarify rather than confuse. It is beyond the scope of this article to trace the history of RESPA in detail. Suffice it to say that in …
Two Perspectives On The Real Estate Title System: How To Examine A Title In Virginia, William Mazel
Two Perspectives On The Real Estate Title System: How To Examine A Title In Virginia, William Mazel
University of Richmond Law Review
This article seeks to explain the mechanics of an examination of title to real property in Virginia. It addresses the procedural aspects of this process, and does not attempt to examine the substantive body of law which underlies the title examination procedure. Other published works are available for that purpose.