The place where the waterfront property touches the water (i.e. the shoreline) differs from the other boundaries at the parcel. Upland boundaries have a fixed location. Not so at the shoreline, where wave action, water currents, wind and other natural forces constantly change the shape and location of shoreline. Courts in Virginia recognize that the shoreline … Continue reading Does the Property Line Move When the Shoreline Changes at My Waterfront Property?
VLTA 2022 Annual Convention Lineup
OCTOBER 20-22, 2022 The Westin HotelRichmond, VA REGISTER NOW Cybersecurity in Today’s Title Industry Over the past decade, fraud within the real estate, title, and settlement industry has become more sophisticated and more closely associated with electronic communication—hence the term, “cyberfraud.” This presentation provides an overview of cyberfraud, covering common types of cyberfraud, how you … Continue reading VLTA 2022 Annual Convention Lineup
FinCen and the GTO Explained
For those of us handling real estate transactions in the Mid-Atlantic, our time has finally arrived. As of April 30, 2022 Virginia, Maryland and Washington D.C. joined the list of jurisdictions where title insurance companies are required to collect and report information to the U.S. Department of the Treasury Financial Crimes Enforcement Network (“FinCEN”) about persons … Continue reading FinCen and the GTO Explained
Medeiros v. Virginia Department of Wildlife Resources: A Fight for Property Rights
Jim Medeiros lives and works on his rural farm in Wilsons, Virginia, which he posted with “no trespassing” signs to keep hunters and their dogs from disturbing his cattle, chicken, and family home. But he knew something was wrong when the hunting dogs started running freely and frequently across his property and hunters were traipsing … Continue reading Medeiros v. Virginia Department of Wildlife Resources: A Fight for Property Rights
Fall 2022 Puzzle
Instructions. Complete the word search below.
TUTE Fall 2022
This column was written (anonymously) for many years by Doug Dewing, who died in April far too young. Doug was a recognized authority on real property law in Virginia, a mentor and friend to many of us in the Commonwealth and beyond. This author succeeds Doug, but no one can replace him; this column and … Continue reading TUTE Fall 2022
Squatters – Buyers be Wary
The standard REIN contract requires the seller to convey title “free of all tenancies.” This means that the Seller is obligated to convey possession of the property free of any occupants or leases that would give rise to a third party’s claim of possession. But what happens when a Buyer purchases a property with a … Continue reading Squatters – Buyers be Wary
ARTU Q&A Fall Edition 2022
You are claims counsel for a title company and receive the following claim: In 2008, John and Mary Igor purchased Dark Shadows, a 300 acre parcel in rural Goochland County, Virginia for $400,000.00 from Garrison Ghoul, and obtained an owner’s title insurance policy. In 2013 the Igors contracted to sell Dark Shadows to Frank N. … Continue reading ARTU Q&A Fall Edition 2022
Conversation with the Court Clerks Association
On August 19th Stephanie Campbell and I had the pleasure of presenting at the Court Clerk Association convention in Williamsburg. The invitation came about through the relationship VLTA has built with the Clerks Association this year. We meet quarterly, and it has been a very open and comprehensive discussion on topics as diverse as e-recordings, choice of … Continue reading Conversation with the Court Clerks Association
Examining Title to Streets – Part II
Read part one here. In the last issue, we explored the ways and means of creating streets. These included outright purchase by the locality, dedication of easements by older subdivision plats, dedication of a fee simple by modern subdivision plats, and prescriptive easements that evolved over history. Since your customer wants to build something on the … Continue reading Examining Title to Streets – Part II
The Recordation Tax Exemption That You Likely Never Knew Existed
There is a full exemption from the Virginia grantor’s tax and state and local recordation taxes available on certain deeds and deeds of trust, which you have probably never heard of – and for good reason. You will not find the exemption anywhere in Chapter 8 of Title 58.1 of the Virginia Code; in fact, the … Continue reading The Recordation Tax Exemption That You Likely Never Knew Existed
IN MEMORY OF DOUGLASS W. DEWING, Esq. 10/7/1954 – 4/9/2022
DOUGLASS W. DEWING The VLTA Examiner Committee and Title Industry professionals came together to compile thoughts and memories of Douglass W. Dewing, Esq. to share with VLTA Members, Title Examiners in Virginia, and the Title Industry as a whole. Throughout his career, Douglass W. Dewing, Esq. was a trend setter with his ground-breaking publication of … Continue reading IN MEMORY OF DOUGLASS W. DEWING, Esq. 10/7/1954 – 4/9/2022