Last week, the Court of Appeals of Virginia issued a significant 24-page opinion in David Tidwell, et al. v. Kenneth. M Goldsmith, et al., Record No. 0629-24-1 and Record No. 0666-24-1, in consolidated cases concerning the...more
7/9/2025
/ Adverse Possession ,
Appellate Courts ,
Declaratory Judgments ,
Dispute Resolution ,
Easements ,
Judicial Authority ,
Land Surveys ,
Legal Opinion ,
Property Owners ,
Real Estate Transactions ,
Statute of Limitations ,
Title Insurance
On Monday, the Court of Appeals of Virginia issued a significant decision about private road easements often referred to as “Ryder” easements. In Becker Building Company, LLC, et al. v. Scott W. Keller, et al., the Court...more
Yesterday, the Court of Appeals of Virginia issued a significant opinion in Thibault Enterprises, LLC v. David A. Yost, et al., Yost Living Trust, a case involving a dispute over a 50-foot granted easement for ingress and...more
1/16/2025
/ Appellate Courts ,
Declaratory Judgments ,
Deeds ,
Easements ,
Ingress/Egress ,
Living Trust ,
Nuisance ,
Preliminary Injunctions ,
Property Damage ,
Property Owners ,
Real Estate Development ,
Real Estate Transactions ,
Title Insurance ,
Trusts
On Tuesday, the Court of Appeals of Virginia issued a significant decision concerning easements in Barr, et al. v. Garten Development, LLC. The Court held that where a deed that released “easements” conveyed by a previous...more
9/23/2024
/ Appeals ,
Chain of Title ,
Commercial Property Owners ,
Declaratory Judgments ,
Deeds ,
Dominant Estates ,
Ingress/Egress ,
Property Owners ,
Residential Property Owners ,
Right of Way ,
Roads ,
Water Rights
Yesterday, the Court of Appeals of Virginia issued an important decision regarding two often troubling elements under Virginia law regarding proving a claim of adverse possession....more
Yesterday, the Court of Appeals of Virginia held that, in order to establish an implied easement, a party must prove the physical location of the easement. In Thomas E. Morris, et al. v. Anthony Heath Parker, et al., Record...more
Yesterday, the Court of Appeals of Virginia addressed key requirements to prove, and rebut, the existence of an easement by prescription in Boxley v. Crouse, Record No. 0183-23-3. ...more
Last week, the Court of Appeals of Virginia rendered a significant opinion regarding the meaning of exclusivity required for claims of adverse possession. In Veldhuis v. Abboushi, Record No. 0776-22-4 (Ct. App. Va. May 9,...more
The Circuit Court of Gloucester County recently granted temporary injunctive relief to the owners of a dominant estate of an easement. In Lineberry v. Andruiulli, Case No. CL22-1192 (Gloucester Cty., Dec. 16, 2022), the Court...more
Wells v. Beville, Record No. 210469 - Yesterday, in an unpublished order, the Supreme Court of Virginia held that a covenant restricting the sale of property on Smith Mountain Lake was unenforceable due to changed...more
Strict Construction of Instruments of Conveyance for Easements, Wavell v. Lengel, 2021 Va. Cir. LEXIS 158, Case No. CL20000484-00 (Amherst Co. Cir. Ct. July 12, 2021) -
Strict construction of canons of legal...more