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
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
THE NTP DESIGNATION AND WHY YOU SHOULD CONSIDER GETTING IT
When asked to write an article for the Examiner Magazine on obtaining the ALTA National Title Professional (NTP) Designation, several thoughts ran through my mind. First, I was flattered that a simple post on the VLTA Online Community website had inspired another member to consider, and eventually earn the NTP Designation herself. Second, I was … Continue reading THE NTP DESIGNATION AND WHY YOU SHOULD CONSIDER GETTING IT
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
Spring 2022 ARTU Q&A
In April of 2000 Jeff Jones obtained a judgment against Duncan Brinker in the amount of $6,000.00. In June of 2002 Brinker conveyed Lot 50, Shades of Gray Acres, to Linda Lovelink by deed of gift. In August of 2005 Lovelink borrowed $150,000.00 from Bank of Fairfax which secured its loan with a first deed … Continue reading Spring 2022 ARTU Q&A
Urban VS. Rural Title Research – Is There a Difference?
Urban vs. rural title research, is there any difference between the two or is it only that it is in a different location? What about the two makes them different? This was a question posed recently that made me dig a little bit deeper into the background of the two. In my experience when conducting … Continue reading Urban VS. Rural Title Research – Is There a Difference?
Title Monitoring
Lately, we have been hearing from title agents that consumers are deciding not to purchase an owner’s policy because they have some sort of title monitoring service. And some real estate agents are similarly advising their clients to forego title insurance in view of this alternative product. I’ve even had a representative from one of the … Continue reading Title Monitoring
Examining Title to Streets – Part I
The day starts off bad . . . the alarm was too soft, the coffee maker didn’t work, you got cut off on the freeway by a muscle car with an “As a Matter of Fact, I Do Own the Road” bumper sticker[1], and your parking space was occupied when you did get to the … Continue reading Examining Title to Streets – Part I
Churches and Title to Real Estate Virginia
Church-owned real estate raises several issues which all real estate professionals in Virginia should be aware. Generally speaking, there are two different types of church governance that we see most often in Virginia affecting title to real estate, namely Congregational churches and Ecclesiastical churches. In a Congregational church, each local church congregation is independent and … Continue reading Churches and Title to Real Estate Virginia
2022 Winter ARTU Q&A
Question: You are closing a transaction in which Pine Acres is being sold by Jennifer Doubtfire. The title notes reveal that Pine Acres was purchased by Jay Williams in 2002. In August of 2013, Jay executed a properly drafted transfer on death deed (TOD) naming Jennifer as the grantee, and delivered the deed to Jennifer. … Continue reading 2022 Winter ARTU Q&A