Tag Archives: #VARealEstate

Court of Appeals of Virginia traces church property disputes back to English Reformation to determine lack of jurisdiction.

Unlike other property ownership disputes, challenges regarding ownership by churches begin with a more fundamental question of whether the matter should be brought in civil or ecclesiastic courts. The Court of Appeals of Virginia, in Atlantic Korean American Presbytery v. Shalom Presbyterian Church of Washington, Inc., decided on March 11, 2025, issued a lengthy ... Read More

Court of Appeals of Virginia opens door to second round of easement litigation

The Court of Appeals of Virginia affirmed the denial of an implied easement absent evidence of its location but may have encouraged the parties to further litigate the issue. In Morris v. Parker, the central issue initially before the trial court was whether the Morrises had established an implied easement to use a platted ... Read More

Court of Appeals of Virginia holds private easement not a public dedication.

The Court of Appeals of Virginia affirmed a summary judgment grant finding that language included in a subdivision plat did not create a public easement. In Salunkhe v. Christopher Customs, LLC, the Court held that language stating, “24’ Ingress-Egress Esm’t” and “35’ Rad. Turnaround Esm’t” failed to satisfy the Virginia Code requirements to create ... Read More