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
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
The Claims Process
If you issue title insurance policies, you may dread the possibility that a claim may be made under one of them or you may have been notified that a claim has been submitted under a policy you have issued. If so, have you ever wondered what happens to that claim once it has been submitted? … Continue reading The Claims Process
Heirs’ Property from a Title Insurance Perspective
During winter, many of you might have visited Massanutten Ski Resort in the mountains of Virginia. If you haven’t been to Massanutten’s slippery slopes, you’ve likely heard of it, if you live in Virginia. While skiing or snow tubing with your family and friends, despite your passion for title insurance and real estate, you likely … Continue reading Heirs’ Property from a Title Insurance Perspective
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
Does the Property Line Move When the Shoreline Changes at My Waterfront Property?
The place where the waterfront property touches the water (i.e. the shoreline) differs from the other boundaries at the parcel. Upland boundaries have a fixed location. Not so at the shoreline, where wave action, water currents, wind and other natural forces constantly change the shape and location of shoreline. Courts in Virginia recognize that the shoreline … Continue reading Does the Property Line Move When the Shoreline Changes at My Waterfront Property?
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
IN MEMORY OF DOUGLASS W. DEWING, Esq. 10/7/1954 – 4/9/2022
DOUGLASS W. DEWING The VLTA Examiner Committee and Title Industry professionals came together to compile thoughts and memories of Douglass W. Dewing, Esq. to share with VLTA Members, Title Examiners in Virginia, and the Title Industry as a whole. Throughout his career, Douglass W. Dewing, Esq. was a trend setter with his ground-breaking publication of … Continue reading IN MEMORY OF DOUGLASS W. DEWING, Esq. 10/7/1954 – 4/9/2022
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