Article by Jerry C. Booth, Jr. The Uniform Real Property Transfer on Death Act (Virginia Code § 64.2-621 et seq.) became effective on July 1, 2013. It was enacted to permit Transfer on Death Deeds (“TODD’s”) which can be used to transfer title to real estate after the death of the owner to a named … Continue reading Transfer on Death Deeds in Virginia
Article by Stephanie Armstrong, Esq.Senior Underwriting Counsel, First American Title Insurance Company Introduction Trusts play a vital role in modern real estate transactions and estate planning. They offer privacy, flexibility, and significant procedural advantages—particularly in avoiding probate and managing complex ownership structures. This article examines the legal foundations of Trusts under Virginia law, their practical … Continue reading The Use of Trusts in Real Estate Transactions
The Hidden Recorded Treasure: What's wrong with this Plat? Hint: Read the surveyor’s note to the right. The Hidden Recorded TreasureDiscovered by Julie-Ann Rutledge
Article by Jerry C. Booth, Jr. I. Introduction A judicial tax sale is a legal process used to collect delinquent real estate taxes by selling the property through a proceeding in the local circuit court. The procedure is governed by Article 4 of Chapter 39, Title 58.1, et. seq, of the Code of Virginia. The … Continue reading Guide to Judicial Tax Sales For Examiners & Underwriters in Virginia
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
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
I. Geographic scope of minerals development in Virginia It is easy to think of mineral rights issues as geographically centered in, if not limited to, southwestern Virginia. But, both historically and in the present day, minerals have been found, claimed, and produced throughout the Commonwealth. Title examiners, agents, and insurers must account not only for … Continue reading Considering Mineral Rights in Virginia
Manufactured homes in Virginia are regulated by the Virginia Department of Housing and Community Development and must meet strict building codes and safety standards to ensure they are safe and durable. Residents of manufactured homes cite affordability as a key factor in choosing manufactured housing.[1] Overall, manufactured homes offer an accessible and attractive option for those … Continue reading Manufactured Housing in Virginia
This two-part article is an expansion of the materials included in the VLTA seminar, The Sound and the Fury: Railroads, Rights-of-Way, and Revesting. Some sections have remained the same, others enlarged, and one downsized. The first part of the article covers a short economic and social history of railroads in Virginia, acquisition of a railroad’s right-of-way (ROW) … Continue reading Issues Involving Railroad Rights-of-Way in Virginia (Mostly)
A 19th century Black cemetery was (re)discovered by landowner Jeffrey Taylor near Front Royal, Warren County, Virginia, in 2018 while he was walking around his property. Marked mostly by deep depressions and field stone markers, Jeffrey was determined to see this cemetery recognized and take its place in local history. He engaged local historian Jonathan Noyales of … Continue reading A Journey Through Time: A Burial Ground for the Enslaved
THE 2024 - 2025 BOARD OF DIRECTORS As we step into a new chapter, we’re thrilled to welcome our new leaders, who bring dedication, vision, and expertise to the association. Together, we’ll work toward strengthening our mission, advancing the industry, and supporting our incredible members. Thank you for your commitment to the future of VLTA. … Continue reading VLTA Convention 2024 & 50th Anniversary Wrap-Up
In June we celebrate National Homeownership Month. It’s a good time to reflect the milestone of homeownership, and how it continues to be a key step for building strong communities and building generational wealth. It’s a time to celebrate the wins, but it is also an important time to assess where improvements are needed, where … Continue reading Virginia’s Homeownership Rate Is on the Rise, but With Tight Inventory and Climbing Prices, Who Is Missing Out?
When I joined a major title insurance underwriter in 1989, the role of title insurance companies and their agents in Virginia was clearly defined. Our industry provided the title insurance products required by modern lending practices and real estate commerce. Attorneys settled the transactions involving the properties we insured, just as I had done for … Continue reading Celebrating 50 Years: Mark Ailsworth’s Experience as 1996-1997 Past President
Let’s face it -- it’s just not easy to determine how to vest property that has gone through an estate in Virginia. It’s a complicated task, and sparks quite a few title insurance claims. This article discusses the issue of a specific devise in a probated will that failed due to the devisee predeceasing the testator. … Continue reading The Claims Corner: A Failed Specific Devise – Intricacies of Examining and Underwriting Estates in Virginia
This article concerns a business partner’s theft of the equity in the limited liability company’s real property and business assets, following a dispute over the partners’ profit-sharing provision, by falsifying documents to represent he had authority to mortgage the LLC’s realty. While claims such as these are not uncommon and can result in expense and … Continue reading The Claims Corner: Revenge Equity Theft, Safeguards to Avoid a Potentially Costly Policy Loss
As we enter the holiday season in 2023, several versions or adaptations of the famous Charles Dickens’ 1843 novel, A Christmas Carol, broadcast on television or various streaming channels. As we approach the end of 2023, the Ghost of Title Searches Past has visited me and I recall the process for completing title searches in circuit … Continue reading Access to Deeds and Land Records in Virginia Part 1 – The Ghost of Title Search Past
Context and Background of New Law In response to growing global tensions between the United States and certain other adversarial nations, and concerns about such nations owning and acquiring lands within the Commonwealth, Governor Glen Younkin in the State of the Commonwealth address in January 2023 asked the General Assembly to send him a bill … Continue reading Virginia’s New Foreign Entities and Ownership Act
Title insurance serves as a safeguard promising protection against potential property ownership disputes. However, even with this coverage in place, homeowners may still be compelled to file a title insurance claim. These claims, often triggered by issues relating to unreleased liens or deeds of trust, boundary disputes, or fraud, can be complex and daunting. In … Continue reading The Claims Corner: Trends in Vacant Land Fraud Claims
While the Homeowner’s Policy provides expansive coverage, it still does not cover every problem that may arise with a property. In particular, it does not provide coverage for use of the property that is found to constitute either a trespass on or a nuisance to a neighboring property. The following provides an example of this: … Continue reading The Claims Corner: Trespass and Nuisance
I’d like to offer a big Thank You and Warm Welcome to all who answered the “Invitation to Engage.” New faces on our Board, on our committees, and attending events for the first time makes me excited for the future of VLTA and all the expertise, contributions, and ideas that we as an organization have … Continue reading Outgoing President’s Message From Mary Long
On March 16th, 2023 I reached out to the Bureau of Insurance to seek further clarification of its letter of February 4, 2022 regarding “split settlements”, and the Bureau’s subsequent FAQs, dated February 16, 2022. Because VLTA members have expressed differing opinions and interpretations of the original letter, my intent was to ask the Bureau … Continue reading Message from VLTA President Long to VLTA Membership: BOI Response Letter
