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
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
Illegal Subdivisions and Title Insurance Coverage
When first told that property is or may be the subject of an illegal subdivision, those who are unfamiliar with the concept of illegal subdivision – especially residential buyers and sellers – may become quite concerned. I have found that the best way to introduce the concept is to acknowledge the shock effect of the … Continue reading Illegal Subdivisions and Title Insurance Coverage
NEW LAWS July 1, 2022
The summaries below were drafted by the Virginia Division of Legislative Services. From the thousands of bills which were introduced during the 2022 session, these summaries include only bills which have been signed into law by the Governor and have been found by this author to be relevant to the VLTA membership. This selection process … Continue reading NEW LAWS July 1, 2022
General Assembly Wrap-Up
As the 2022 General Assembly Session comes to an end, we are happy to announce that the Legislative Affairs and Advocacy Committee of VLTA has played a vital role in our voices as a title industry being heard this session on a number of issues. In Senate Bill 311 (and House Bill 281), the initial … Continue reading General Assembly Wrap-Up
2021 VIRGINIA ELECTION RECAP
The November 2, 2021, Virginia elections resulted in a sweeping upset, with Republicans capturing all three statewide offices and the House of Delegates majority, ending Democratic unified control of state government. Virginia’s “off-off year” statewide and legislative elections feature the Governor, Lieutenant Governor, Attorney General, and 100 seats in the House of Delegates on the … Continue reading 2021 VIRGINIA ELECTION RECAP