Blog: Opinions & Observations

Benefits and Terms of Private Road Maintenance Agreements

October 02, 2023

Do you want to live off the beaten path? Have your own little piece of heaven out past where the paved road ends? If so, you’re going to have to figure out how to get there, and not living on a publicly maintained road may involve the far less romantic reality of a private road maintenance agreement. If you need to cross someone else’s property to access your home, then you may be looking at obtaining an access or ingress/egress easement across that other...

The Importance of Title Insurance Policy Endorsements in Commercial Real Estate Transactions

September 06, 2023

Most buyers and lenders engaging in commercial real estate transactions understand that title insurance is needed to protect their respective interest in the title to the property, but do not stop to think in detail about what is covered or, perhaps more importantly, what is not covered but could be with a few well-chosen policy endorsements. Some buyers and lenders who have certain endorsements on their checklists do not know or understand the large...

New Controversial Virginia Law Aimed at Easing Broadband Expansion Challenged by Railroads

July 31, 2023

One of the goals of the recent federal investment in infrastructure is ensuring universal broadband internet access.  While the Virginia General Assembly was largely quiet on the eminent domain front this year, it did pass a bill to help facilitate broadband expansion efforts.  However, the new law has already come under challenge by a group of railroads, who argue, among other things, that the law takes their property without adequate compensation.The...

Civil Liability for Property Damage, Death, or Injury Near Waterfront Property

July 07, 2023

One commonly asked question regarding waterfront property ownership is the extent of civil liability for property damage, injuries, or death occurring in the waterways adjacent to or on the property.  The answer to this question involves a complex interplay between Virginia state law (tort law) and federal law (admiralty and maritime law).  This article aims to provide a comprehensive understanding of the liability considerations for waterfront property...

New Laws in Virginia 2023

June 26, 2023

The Virginia Senate and House of Delegates met in January for a short session (45 days instead of 60 days) then again in April for a special session. Currently, the Senate is controlled by Democrats, the House is controlled by Republicans, and Republicans hold the Governor’s office. With the sharing of power between the parties, any proposed bill this year required bi-partisan approval to be passed into law.   This is a summary of some of the new laws....

Custody Issues to Consider When Moving Outside of Virginia with Your Child

June 05, 2023

There are many circumstances to consider when moving to another state or country. To name a few, marriage, schools, childcare issues, connection with extended families, and new job or business opportunities, are all important life decisions to consider.  However, the decision becomes more complicated when the moving party is a child’s custodial parent.  The move may substantially impact the child’s relationship with the other parent, mainly due to the...

What to Know about UCC Liens before Going Solar

May 15, 2023

Residential solar power generation has increased dramatically in Virginia over the past several years. Solar panels are an attractive upgrade for homeowners looking to save on their energy bills, help the environment, or both, but many are unaware that installing solar panels can create a lien on their property. Homeowners interested in installing solar panels should make sure to talk with a real estate attorney before doing so.Benefits of Solar...

Importance of Assessing Jurisdictional Defenses at the Beginning of a Workers’ Compensation Claim

December 29, 2022

When an injured worker asserts that she suffered a workplace accident, that business must consider several items in its initial investigation of the claim.  Time is of the essence when the business is conducting this investigation, not only to preserve evidence but also to determine whether it could be a viable claim.  It is important for an employer to create a timeline of the alleged accident and the events that occur involving the injured worker...

Recent “Common Sense” Rulings Benefit Creditors

August 03, 2022

New Possibility for Successor Liability Claims Creditors are occasionally faced with a scenario where the debtor which owes the money has shut down its business and transferred all of its assets to a third party, leaving the debtor judgment proof. Virginia provides creditors with the opportunity to unwind certain transactions under its fraudulent and voluntary conveyance statues; if the creditor is successful, the assets are returned to the debtor and the...

What to Expect if Sued for Inverse Condemnation in Federal Court

July 18, 2022

Localities most often litigate both direct condemnation cases, in which the locality goes to court to force the sale of property, and inverse condemnation cases, where the property owner sues the locality for allegedly taking property without going through the formal procedures, in state court.  In fact, until recently, it was almost impossible to bring an inverse condemnation suit in federal court against a locality because of the practical impact of two...