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    Property Law Legal Research Blog

    SCOTUS: Government Cannot Sell House to Recover Unpaid Taxes and Keep the Excess

    Effect of Divorce on Judgment Lien for the Debt of One Spouse

    Short-Term Rentals, Such as VRBO and Airbnb, and Use Restrictions

    Reimbursement of Tenant for Improvements to Leased Premises

    Landlord’s Due Process Rights Not Violated by COVID-19 Moratorium on Evictions

    Virginia Civil Forfeiture Eclipsed by Tenancy-by-Entirety Immunity

    Landlord Liability for Wrongful Death

    Landlord Tenant/Constructive Eviction and Breach of Covenant of Quiet Enjoyment

    Court Requires Cemetery to Remove a Decedent Mistakenly Buried in Plaintiff's Gravesite

    PROPERTY: When Partition by Division of Sale Proceeds Is Appropriate

    Barking Dogs Results in Competing Nuisance Claims Between Neighbors

    Do Short-Term Vacation Rentals Violate Covenant Prohibiting Commercial Activity or Use?

    LANDLORD TENANT: Can a Tenant Use the Exclusionary Rule When Fighting an Eviction?

    Landlords' Liability to Guest of Tenant for Dog Bite Injury

    Construction of Structure Blocking a Neighbor’s View Not a Nuisance

    Expansion of Easements by Necessity in Virginia

    Landlord's Liability for Collapsed Deck

    CIVIL PROCEDURE: Effect of Dismissal Without Prejudice in Mortgage Foreclosure Suits

    PROPERTY: Landlord and Tenant: Landlord's Waiver of Right to Charge Penalty for Late Rent Payment

    PROPERTY:   Realtor's Written Contract with a Co-Owner Binding on the Other Owners

    PROPERTY: Flipper's Folly—Virginia Supreme Court Rules That Buyer Not Entitled to Reimbursement After Improving Wrong Property

    PROPERTY/MORTGAGES: Implied Duty of Good Faith: Impact of Loan Modification Request

    CIVIL PROCEDURE: Effect of Dismissals Without Prejudice in Mortgage Foreclosure Suits

    MORTGAGES: Mortgagor Entitled to Truth-in-Lending Disclosures Even if Not Personally Liable on Loan

    MORTGAGES: A 2009 Amendment to the Truth in Lending Act, 15 U.S.C. § 1641(g), Is Not Retroactive

    PROPERTY: Drafting the Renewal Clause in a Lease

    PROPERTY: Duty of Mineral Rights Lessee/Purchaser to Inform Lessor/Vendor About Deal in Place to Resell Rights to Third Party for Much Higher Price

    PROPERTY: Enforceability of Clause in Residential Property Lease Seeking to Shield Landlord from Liability for Injuries Caused by Mold or Fungus

    PROPERTY: Stranger-to-the-Deed Rule Did Not Invalidate Right of First Refusal

    LANDLORD-TENANT: Apartment Tenant May Have Claim for Breach of Implied Warranty of Habitability Based on Another Tenant's Harassing Behavior

    MORTGAGES: Notice of the Truth Shall Set You Free: Timely Assertion of the Right of Rescission Under the Truth in Lending Act

    PROPERTY: Is an Oil and Gas Lease Subject to the Implied Covenant of Good Faith

    PROPERTY: Farmer's Music Concerts on His Farm Were Not Protected by the Tennessee Right to Farm Act

    MORTGAGES: Standing of Mortgagee Assignee to Bring Foreclosure Action

    PROPERTY LAW UPDATE: A Brief Synopsis of RESPA's "Qualified Written Request"

    MORTGAGES: Servicer's Failure to Sign and Return Loan Modification Agreement Did Not Preclude Enforcement by Borrower

    PROPERTY LAW UPDATE: City Must Face Adverse Possession Claim . . . At Least for Now

    MORTGAGES: HAMP Provides No Private Right of Action to Struggling Homeowner Against Lender

    PROPERTY: RESPA Does Not Prohibit a Single Settlement‑Service Provider's Retention of an Unearned Fee

    CHURCHES: Theories of Deciding Church Property Disputes

    PROPERTY LAW UPDATE: Foreclosure, Removal, and Attorney's Fees: A Case Study

    TORTS: Trespass: Privileged Entry

    "It's Not Delivery. It's DiGiorno®."—A Short Note on TILA's Notice and Delivery Requirements

    PROPERTY: Seller of Home May Be Liable to Purchasers for Failure to Disclose a Murder-Suicide Involving the Home's Prior Owners

    PROPERTY LAW: What Constitutes "Unearned" Fees Charged to Borrowers Under RESPA § 8(b)?

    PROPERTY LAW: Mortgages, Merger, and Mayhem: Foreclosing Mortgagee's Omission of Junior Lienholder

    PROPERTY: No Private Right of Action Under the Home Affordable Modification Program ("HAMP")

    PROPERTY: Acquisition of a Prescriptive Easement by a Class of Persons

    PROPERTY: Defending Against Foreclosure on the Basis of Faulty Assignment by the Original Lender

    PROPERTY: Taking Land for a Private Casino Operation Was a Taking for a Public Purpose

    PROPERTY: Eminent Domain—What's an Easement Worth?

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