Article by James Pickral On October 23rd VLTA held its first Legislative Breakfast and Roundtable during the 2025 VLTA Convention. The breakfast was well attended by association members and we were fortunate to have a wide array of related industry representation on our legislative panel. Panel members included Delegate Marcus Simon, Delegate Carrie Coyner, and representatives from the … Continue reading VLTA 2026 General Assembly Preview
Article by Hayden-Anne Breedlove When a buyer, lender, or settlement agent asks, “Do we really need a survey?”, they’re rarely thinking about the downstream risks. Yet for Virginia title professionals, surveys are one of the most powerful tools for uncovering problems before they turn into litigation, coverage claims, or unmarketable title.The American Land Title Association … Continue reading Why ALTA®/NSPS Surveys Matter in Virginia Residential Real Estate Transactions
Article by by Kevin T. Pogoda, Esq. The rule of idem sonans (Latin for “sounding the same”) can be traced back to the 1851 English common law case of R v. Davis,[1] which provided: If two names spelt differently necessarily sound alike, the court may, as matter of law, pronounce them to be idem sonantia; … Continue reading Idem Sonans
Article by Taylor Hubbard, VLTA Staff Every member of the Virginia Land Title Association plays a vital role in the legislative success of our organization. Grassroots advocacy is one of the most effective tools we have, and at the state level it can make a significant impact. The VLTA Legislative Committee meets monthly throughout the … Continue reading The Power of Grassroots
ALTA Files Amicus Brief Supporting Fidelity’s Challenge to Rule Article by Jeremy Yohe with ALTA FinCEN’s final rule requiring certain industry professionals to report information to the agency about non-financed transfers of residential real estate to a legal entity or trust will have a significant financial and process impact on title and settlement companies. The rule, which … Continue reading Title and Settlement Companies Face Substantial Cost to Comply With FinCEN’s AML Real Estate Rule
Article by By Laura A. Wakefield Introduction Across Virginia, localities are grappling with vacant, abandoned, and blighted properties that threaten neighborhood stability and public safety. Two legal tools have emerged as particularly important in addressing these challenges: land banks and the receivership statute. Each has a distinct role, but together they form a powerful framework … Continue reading Virginia Land Banks & The Receivership Statute: How They Work Together to Address Blight
EACH VOICE COUNTS The Virginia Land Title Association (VLTA) is thrilled to announce our Annual Convention, taking place October 23-24, 2025, at the Hilton Short Pump in Richmond, Virginia. This year’s convention promises dynamic education sessions, powerful networking opportunities, and plenty of fun as we come together to celebrate the people and progress of our industry. Whether you’re a … Continue reading Virginia Land Title Association 2025 Annual Convention
Article by Carol Frye Escheatment is often overlooked by title companies, yet it serves several critical purposes: Legal Compliance and Avoiding Penalties Failure to comply with Virginia’s escheatment laws can result in significant penalties. Under Virginia Code 55.1-2528, entities that fail to file an unclaimed property report or to submit abandoned assets on time may … Continue reading Why Escheatment Matters
Article by Kevin Pogoda. This is part two of "FIRPTA: In a Nutshell - Part One". Determining tax liability based on capital contribution is well beyond the expertise of the purchaser (who is liable for such withholding) or the settlement agent acting on the purchaser’s behalf. Other options to consider: (1) sending the full amount of … Continue reading FIRPTA: In a Nutshell – Part Two
Article by R. Michael Smith This is the second installment of a two-part article that is an expansion of the materials included in the VLTA seminar, The Sound and the Fury: Railroads, Rights-of-Way, and Revesting, and a 2017 Examiner article, Derailed by the Supreme Court. Some sections have remained the same, other sections have been … Continue reading Issues Involving Railroad Rights-of-Way in Virginia (Mostly) – Part Two
Article by Julie Ann Rutledge “Information is not knowledge. The only source of knowledge is experience. You need experience to gain wisdom.” Albert Einstein This quote described my reality upon graduation from University with a BSW, many moons ago. The excitement of graduation was quickly squashed by the lack of available jobs in my field. All … Continue reading Testifying as an Expert Witness as a Title Examiner
Article by Jon W. Brodegard I. Introduction and Background At its broadest, ownership of or title to land means the right to use or develop, to exclude others from, and to otherwise control everything within the cubic space located not only below and upon, but also above a defined area located on the surface of … Continue reading Some Air Rights Considerations in Virginia
Reprinted with permission from the Virginia State Bar In 2001, I wrote an article for the Virginia Land Title Association (VLTA) Examiner simply entitled Equitable Subrogation in Virginia. The article appeared in Volume 7, Number 1, of the VLTA Examiner. Twenty-three years later, this is the sequel. Occasionally, lenders who believe they are secured by … Continue reading EQUITABLE SUBROGATION IN VIRGINIA: THE SEQUEL
In plain English, the Foreign Investment in Real Property Tax Act (FIRPTA) requires foreign persons (transferors) to pay U.S. income tax on gains they make from selling U.S. real estate. FIRPTA puts the burden on the purchaser (transferee) to withhold 15% of the contract sales price if the seller is a foreign person—unless one of … Continue reading FIRPTA: In a Nutshell – Part One
Stay tuned: Registration is opening soon for VLTA's 2025 regional events! VLTA Advocacy Day 2025 Below are four reasons why you should attend VLTA Advocacy Day 2025: It connects the Virginia title insurance community with legislators It provides officials the information they need to make the best decisions The information and education you can provide … Continue reading VLTA Upcoming Events 2025
So, you have a conservation easement on your property. Now what? We turned to the Virginia Outdoor Foundation for a more in-depth explanation of what happens behind the scenes. How does VOF determine the suitability of a property for a conservation easement? VOF has a thorough review process for all proposed easements. It begins with … Continue reading Virginia Outdoor Foundation Stewardships: The Protectors of Our Conservation Easements
The 2025 session of the Virginia General Assembly is set to begin on January 8. This "short" session will last approximately 45 days. Given the abbreviated timeframe and the fact that the House of Delegates is up for election in 2025, we anticipate an intense and fast-paced legislative period. At present, there is an unusually … Continue reading Virginia General Assembly 2025 Preview
Provided by the Virginia State Bar Membership CommitteeThe Real Property Section of the Virginia State Bar has unveiled an innovative new video series titled the "Living Library" produced by the Section’s Membership Committee. The project is intended to demystify the complexities of real estate law. Its goals include providing Section and Bar members at large … Continue reading Virginia State Bar – Real Property Section’s “Living Library” Video Series to Educate on Real Estate Law Careers
Read WHEN MARRIAGE MATTERS – Part 1 here. Take the VLTA online course, “When Marriage Matters”, on-demand here: https://www.pathlms.com/vlta/courses/69081 (1-hour of CE, CLE and CCE credits). Conveyances and Creditors Moving beyond the advantages and exceptions to survivorship, all the remaining advantages to a tenancy by the entirety are rooted in the concept of one flesh. … Continue reading WHEN MARRIAGE MATTERS – Part 2: Various Ways Marital Status Can Affect Title
I. Littoral Waters and Riparian Waters A person owning or considering the purchase of waterfront property might be interested to know whether the property includes littoral rights or riparian rights. The starting point is to understand the difference between littoral waters and riparian waters. Littoral refers to a pooled body of water, such as a pond, lake … Continue reading Littoral Rights vs. Riparian Rights
While corporations and limited liability companies are the most common business entities, Virginia also allows for the formation of another type of unincorporated association known as a business trust. These trusts can hold title to real estate and other property just like any other business entity. A business trust is a legal arrangement where the … Continue reading Business Trusts in Virginia: An Overview for Title Insurers
