What happens when a person signs a deed or deed of trust purporting to convey property that he does not own? The Virginia Supreme Court considered that question in the complicated case of Deutsche Bank National Trust Company v. Arrington, decided...
For the second time in three years, the Virginia Supreme Court has revisited the “common enemy rule” pertaining to stormwater drainage. First came the case of Kurpiel v. Hicks, in which the Supreme Court seemed to weaken that rule by overturning...
As many criminal defense practitioners can attest, the typical fact pattern for a “routine” marijuana charge is your client being stopped by police for some minor traffic infraction and upon approaching the window of the car smells a distinct odor...
Virginia is one of approximately 24 states that allow married couples to hold title to real estate as tenants by the entirety. Most REALTORS have probably seen deeds that grant property to married couples “as tenants by the entirety with the right...
One of the most common ways for the government to prove a person is driving under the influence is through the use of Virginia Code 18.2-266(i). See: https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-266 This section criminalizes operating...
At some point in their careers, most REALTORS will probably run into a transaction involving a boundary line dispute. Those disputes usually arise when one of two neighboring properties goes up for sale, and the potential purchaser obtains a...
One of the most common ways for the government to prove a person is driving under the influence is through the use of Virginia Code 18.2-266(i). See: https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-266 This section criminalizes operating...
It has always been the case that one size does not fit all when it comes to estate planning. However, recent changes emphasize why we cannot simply use the standard plan from years past, and expect that we will achieve optimal and appropriate...
Can a seller of property be held liable for fraud for concealing a defect in the property when he has provided a residential property disclaimer statement and the buyer has had the property inspected by two different property inspectors? According...
We are now in an environment where estate tax planning for income tax purposes is both a real possibility and a virtual necessity to create efficient estate plans from both a transfer tax and an income tax perspective. There are several reasons...