Virginia Real Property Law: Understanding Title, Transfers, and Encumbrances

Agenda / Content Covered

1. Title and Title Insurance 101
   1:00 - 1:45, Trevor B. Reid
   1. Real Estate Ownership and Property Rights
   2. Methods of Holding Title
   3. Evidence of Title
   4. Title Insurance: Commitment, Policy, and Endorsements
   5. Marketable vs. Insurable Title
   6. Mechanics of the Title Search and Examination
2. Defects and Encumbrances: How They Affect Title, How They Can be Resolved
   1:45 - 2:30, Minturn Wright
   1. Title Defect vs. Encumbrance
   2. Missing, Erroneous, or Invalid Records
   3. Mortgages and Liens
   4. Deed Restrictions/CC&Rs
   5. Easements
   6. Licenses
   7. Encroachments
3. Demystifying Land Boundaries, Surveys, and Easements
   2:45 - 3:30, J. Gregory Ashwell
   1. Types of Legal Descriptions and How to Read Them
   2. Types of Land Surveys and How to Read Them
   3. Identifying Boundary Discrepancies, Encroachments, and Setback Lines
   4. Easement Essentials: Types, Creation, Issues, Termination
4. Transfers: Voluntary and Involuntary
   3:30 - 4:15, J. Gregory Ashwell
   1. Voluntary Transfers and Legal Requirements
   2. Deeds (General Warranty, Special Warranty, Quitclaim, Other)
   3. Foreclosures
   4. Adverse Possession
   5. Eminent Domain and Just Compensation
   6. Abandonment, Forfeiture, and Reversion
   7. Partition and Other Involuntary Transfers

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J. Gregory Ashwell is a founding attorney at the law firm of Ashwell & Ashwell, PLLC in Warrenton, Virginia. He practices in the areas of Litigation consultation, federal litigation, mediation, estate planning & probate, business & commercial law, bankruptcy, wills and estates, municipal law and personal injury. He earned his B.A. degree from Old Dominion University, his Master's in Education from the University of Virginia and his J.D. degree from George Mason University School of Law. Mr. Ashwell is admitted to practice in Virginia, US District Court Eastern District of Virginia, US Court of Appeals 4th Circuit, US Bankruptcy Court Eastern District of Virginia and the Supreme Court of the United States of America.

Trevor B Reid is a shareholder with the Richmond law firm of Parker, Pollard, Wilton & Peaden, P.C., practicing in the areas of commercial real estate, business law, and civil litigation. Mr. Reid's practice focuses primarily on the representation of secured lenders and property owners, in matters ranging from workouts of distressed loans to the resolution of title defects. He also represents corporations and other business entities with respect to entity formation, corporate authority issues, director and officer liability, and business tort litigation. Mr. Reid is a member of the Virginia State Bar, the Richmond Bar Association, the Henrico County Bar Association, and the John Marshall Inn of Court. He earned his B.A. degree from Gonzaga University and his J.D. degree from the University of Richmond.

 

Minturn Wright is a founding partner with Shannon Mullins & Wright LLP, in Alexandria, Virginia, where he primarily represents clients in real estate transactions and litigation matters. His two-plus decades of experience as a lawyer have been almost equally divided between real estate transfers and other transactions and litigation (principally real estate, tax appeals and tax sales, civil rights, and insurance defense). He also has had experience dealing with environmental issues, business entities (corporations, limited liability companies, and the like), and patent/trademark issues, particularly licensing. Mr. Wright earned his B.S. degree from Yale University; and his J.D., M.S., and Ph.D. degrees from the University of Southern California. He is admitted to practice in Virginia, the District of Columbia and California.