Md. App. holds failure to disclose “Potential Water-Well Contamination” a violation of Real Estate Broker’s Act

Md. App. holds failure to disclose “Potential Water-Well Contamination” a violation of Real Estate Broker’s 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. 

Va. Holds Easement by Necessity May be Modified as Reasonably Necessary to Widen Access Road to Allow Tractor Trailers

Va. Holds Easement by Necessity May be Modified as Reasonably Necessary to Widen Access Road to Allow Tractor Trailers

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. Rejects Negligence/Conversion Liability for Attorneys’ Refusal to Honor Client’s Assignment of Settlement Proceeds

D.C. Rejects Negligence/Conversion Liability for Attorneys’ Refusal to Honor Client’s Assignment of Settlement Proceeds

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.