Supreme Court of Virginia clarifies the jurisdiction and power of the Commissioner of Accounts, explaining that “[a] commissioner’s authority to assist the circuit court with the settlement of estates is simply an extension of the circuit court’s subject matter jurisdiction to administer estates.”
Recording of Declaration in land records providing for utility assessments does not create a lien, but merely authorizes the creation of lien upon compliance with Maryland Contract Lien Act.
Real Estate Broker subject to discipline for failing to disclose to a Buyer potential well-water contamination in the neighborhood due to a well-known gas leak, and that the Property was subject to periodic well-testing for possible contamination.
The Supreme Court of Virginia determined that an easement by necessity could be modified as “reasonably necessary” to benefit a landlocked parcel, so long as it did not unreasonably burden the underlying property, i.e., the servient estate. The Court held that as a matter of law, the trial court had the authority to grant the owner of the landlocked parcel the right to widen the established easement without the servient owner's consent.
D.C. Court of Appeals affirmed the trial court’s dismissal of negligence and conversion claims by litigation financier’s against attorneys who released the settlement proceeds directly to the client, refusing a demand to honor client’s separate assignment of such proceeds.
The Court of Special Appeals of Maryland held that a foreclosure proceeding was subject to state law collection agency requirements, and therefore that a statutory trust that owned a consumer mortgage loan was required to hold a collection agency license prior to proceeding with foreclosure.