Use of land Flashcards
In Virginia, a dispute over title is usually resolved through an ejectment action
A dispute over the possession of land is resolved through an action for unlawful detainer
Easement by implication
Occurs when a grantor conveys land by a deed that describes the land as bounded by a road or a street of which the fee is vested in the grantor, crates an implied easement for use of the road or street.
Easement by prescription
Virginia has a 20 year period for acquiring easement by prescription
Works like adverse possession, but (i) only acquiring right to use, not title and (ii) has a longer period
Termination of easement
In Virginia, the easement will be terminated if the purpose for which easement was created no longer exists
license
Can become an easement if the licensee changes her position in determinate reliance on the license
License is generally revocable unless license relies on licenses to his detriment
In such a case, the license becomes an irrevocable easement
Real Covenants
In Virginia, a covenant not to complete DOES not run with the land But it can be enforced by injunction, if the subsequent buyer has notice of the covenant
Condominiums
Condominium owners own their unit as well as common shares as tenants in common with other owners
In Virginia, only condominium owners association has standing to sue for claims or actions relating to the common elements of the condominium
Zoning
Virginia law defines “single family home” broadly
Definition includes foster home, family care home, or group home with up to o 8 people mentally or physically impaired people reside along with staff
Surface water
Virginia modified common enemy doctrine each landowner can make whatever changes she wants in order to manage surface water, but cannot needlessly or negligently cause harm to the property of another
