We are all generally knowledgeable about various concepts and rules relating to both title insurance and real estate in Virginia, but do you know the origin of the real estate related law that we are required to follow? The laws stem from either the Virginia Code or court decisions (caselaw) which is used as precedent … Continue reading Caselaw Affecting Ownership of Real Estate in Virginia – Part One
2023 Virginia General Assembly Legislative Wrap Up
During the 2023 session VLTA focused most of our efforts on the bills below: HB 2184 was patroned by Delegate Carrie Coyner and is the result of extensive negotiations between VLTA and the Creditor’s Bar throughout 2022. HB 2184 will allow settlement agents to release judgement liens under certain circumstances and with due diligence to … Continue reading 2023 Virginia General Assembly Legislative Wrap Up
Lien on Me: The UDAAP Story of NTRAPS
The American Land Title Association (ALTA) has been leading the title industry in pushing back against Non-Title Recorded Agreements for Personal Services (NTRAPS). The prototype for NTRAPS is an agreement reserving a right to list real estate in the future. The right is secured by a filing in the local land records that effects constructive notice to … Continue reading Lien on Me: The UDAAP Story of NTRAPS
TUTE Spring 2023
Baby title examiners are taught that no two titles are alike, and there’s no such thing as a perfect title. Even so, in the crush of business, it’s easy to overlook red flags that ought to put the examiner on notice to look deeper into the title. Here are a couple of examples—one subtle, one glaring. … Continue reading TUTE Spring 2023
Virginia Law on Establishing Bottomland Ownership with a King’s Grant
Nejron Photo/Shutterstock.com Subject to certain exceptions, Virginia law is that the Commonwealth of Virginia owns the bed of the rivers, creeks, bays and the sea all throughout the state.[1] The September 15, 2022, issue of this Magazine catalogued these exceptions in an article titled “Does the Property Line Move When the Shoreline Changes at My Waterfront … Continue reading Virginia Law on Establishing Bottomland Ownership with a King’s Grant
LEGAL ACCESS TO PRIVATE CEMETERIES IN VIRGINIA
Even America’s most notorious dueling families have found themselves in a legal fight over cemetery access. In Kentucky, a McCoy descendant filed suit against a Hatfield descendant who had blocked access to a cemetery on his land where deceased McCoy relatives are buried. McCoy v. Vance, No. 2005-CA-000501-MR, 2006 WL 507599 (Ky. Ct. App. Mar. … Continue reading LEGAL ACCESS TO PRIVATE CEMETERIES IN VIRGINIA
2023 Legislative Sneak Peek
The 2023 session of the General Assembly will convene on January 11th. This is a "short" session as all odd-numbered year sessions are. Bill limits and drafting limits have been instituted to limit the legislative load in what is likely to be an unusually contentious session. All 140 seats in the General Assembly will be up … Continue reading 2023 Legislative Sneak Peek
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
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
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