Recent Articles from All Practice Groups
VA Supreme Court Opinion: DRHI, Inc. v. Hanback
In DRHI, Inc. v. Hanback, The Virginia Supreme Court considered appeals in a property development dispute. The Court heard this case because it was not immediately apparent from the petitions for appeal whether this case involved a monetary judgment, a civil contempt fine, or both, in the interests of ... Read More
VA: General Contractor Necessary Party for Mechanic’s Lien
In an action to enforce a mechanic's lien filed by a subcontractor, the circuit court erred in concluding that a general contractor, which served as construction manager for the project but had no pecuniary interest in the bond posted to release the real estate subject to a subcontractor's ... Read More
TAGGED: mechanic's lien
DCCA Affirms Economic Loss Doctrine Dismissing $5M Flooding Lawsuit
In Jose A. Aguilar, et al. v RP MRP Washington Harbour, LLC, et al., the D.C. Court of Appeals agreed with a lower court that MRP cannot be sued for negligence "where a claimant seeks to recover purely economic losses sustained as a result of an interruption ... Read More
DC Court Clarifies Requirements for an Easement or a Prescriptive Easement
On September 18, 2014, the D.C. Court of Appeals provided a “clearer explication of the requirements to claim an implied grant of an easement or a prescriptive easement” to help guide D.C. landowners as to their rights. In Martin v. Bicknell, two neighboring townhouse owners got into a fight over a ... Read More
TAGGED: easement, washington dc, DC Court, prescriptive easement
MD: Real Estate Agents Beware of Making Referrals
In a sweeping change, the Maryland Department of Labor, Licensing, and Regulation (DLLR) issued a change that requires Maryland real estate agents, to confirm that an entity is licensed and provide a link to the government site for easy confirmation before referring clients to contractors and appraisers. Effective August ... Read More
TAGGED: contracts, Real Estate Agent, referrals
DC: Judicial Foreclosure
Judicial Foreclosure. Plaintiff, Defense, and Amicus have submitted proposed procedures for judicial foreclosure likely to be adopted by the DC Superior Court. Please click here to read. ... Read More
TAGGED: foreclosures, judicial foreclosures, washington dc
DC: No slander of title for Lis Pendens; Other sanctions appropriate
In Bloom v. Beam (D.C.C.A. Nos. 13-CV-433 & 13-CV-484) the D.C. Court of Appeals held that a memorandum of lis pendens may not constitute slander of title, even if the underlying law suit fails, but that the trial court could assess attorneys fees under D.C. Code 42-1207(d)(1). A law suit was filed ... Read More
TAGGED: constructive easement, lis pendens, sanctions
DC: L&T Insufficiency of Service of Process and Insufficient Intent to Occupy to Terminate Leasehold
Landlord’s claim to occupy premises for “immediate” use fails because the intent to occupy is in the future and claim of “occupancy” also fails because Landlord only intends to occupy the property sporadically, which falls short of constituting “occupancy”. Service upon a spouse in a residence without further inquiry by process server does not constitute service upon the defendant ... Read More
Mayor Gray Has Signed Bill Into Law Moving Electric Feeder Wires Underground
The Electric Company Infrastructure Improvement Financing Act of 2013 has been signed into law. Mayor Gray has signed a historic power line bill, B20-387: the Electric Company Infrastructure Improvement Financing Act of 2013, into law. Prompted by concerns that certain electric feeder lines are prone to damage during winds and storms, the District may finance the one billion dollar price ... Read More
Online Filing – Income and Expense Report DC and Building Permits.
DC moves its technology forward to facilitate easy on-line filing. Commercial property owners can anticipate receipt of notification from OTR that on-line filing of Income and Expense forms is available. While online filing will be option for this year, it will be mandatory next year. The due date for the form remains unchanged: April 15. The paper forms are available at the OTR website ... Read More
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