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 held that when a deed conveys “all that certain tract or parcel of land, consisting of a . . . right of way,” that right of way is conveyed in fee simple, not as an easement. In...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
Wells v. Beville, Record No. 210469 - Yesterday, in an unpublished order, the Supreme Court of Virginia held that a covenant restricting the sale of property on Smith Mountain Lake was unenforceable due to changed...more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