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The Fee Simple VOLUME XXXV, NUMBER 1 SPRING 2014 COURTLAND LEE TRAVER, JR. September 20, 1935 – March 30, 2014 TABLE OF CONTENTS Courtland Lee Traver, Jr.: Remembrances A Tribute to the Father of the Modern Practice of Virginia Real Estate Law ................................. 1 Lynda L. Butler Courtland Lee Traver, Jr.: September 20, 1935—March 30, 2014 ................................................. 2 A Reflection on Three Decades: A Personal Tribute to Courtland Lee Traver, Jr.......................... 8 Susan M. Pesner Chair’s Column ............................................................................................................................................. 9 William L. Nusbaum From the Cluttered Desk (and Mind) of the Editor..................................................................................... 11 Stephen C. Gregory 2014 Virginia General Assembly Selected Real Estate Legislation Bill List ...................................................................................... 15 David S. Mercer and Lucia Anna Trigiani 2014 Virginia General Assembly Compilation of Selected Real Estate Legislation ........................................................................... 25 David S. Mercer and Lucia Anna Trigiani Virginia’s Real Estate Case Law Update ................................................................................................... 53 Otto Konrad and Hazel Wong Virginia Uniform Real Property Transfer on Death Act (URPTODA) Virginia Code § 64.2-621 et seq. (Effective July 1, 2013) ............................................................ 73 Kay M. Creasman CFPB Combined Disclosures: The Basics .................................................................................................. 77 Kay M. Creasman Compliance With Gramm-Leach-Bliley’s Privacy Provisions in Civil Discovery and Lien Priority Litigation ............................................................................. 94 Thomas A. Hill Paying Off Private Noteholders and Credit Line Loans: Updated For 2014 ............................................. 99 Susan M. Pesner and Mark W. Graybeal Community Associations May Add Injunctive Relief in General District Court to Their Lengthy List of Remedies ...................................................... 104 Lawrence J. McClafferty Practice Tip: Beware of Advertising Materials Offering Free Deed Copies ............................................ 107 Mark W. Graybeal The Joys of Title Law ................................................................................................................................ 110 Jessica C. Tully Vol. XXXV, No. 1 i Spring 2014 A House Pet by Another Name? ................................................................................................................ 112 Ronald D. Wiley, Jr. Committee Reports: Commercial Real Estate .............................................................................................................. 115 Whitney Jackson Levin Common Interest Community ...................................................................................................... 116 David C. Helscher Creditors’ Rights and Bankruptcy ............................................................................................... 117 F. Lewis Biggs Ethics ........................................................................................................................................... 118 Paul H. Melnick Eminent Domain .......................................................................................................................... 119 Charles M. Lollar Land Use and Environmental ...................................................................................................... 121 Stephen R. Romine Membership ................................................................................................................................. 122 Philip Hart Residential Real Estate ................................................................................................................ 123 Eric V. Zimmerman The Fee Simple ............................................................................................................................ 124 Stephen C. Gregory Title Insurance ............................................................................................................................. 125 Kay M. Creasman Board of Governors ................................................................................................................................... 126 Area Representatives and Honorary Representatives ............................................................................... 129 Committee Chairpersons and Other Section Contacts .............................................................................. 136 Subject Index: November 1987-Spring 2014 ........ http://www.vsb.org/docs/sections/realproperty/subjectindex.pdf Vol. XXXV, No. 1 ii Spring 2014 The Fee Simple is published semiannually for distribution to members of the Real Property Section of the Virginia State Bar. Anyone interested in publishing an article in the Fee Simple is invited to contact the Editor. Articles should be submitted by email as Microsoft Word documents. Your submission will also be your consent to the posting of the article on the Real Property Section website, http://www.vsb.org/site/sections/realproperty/newsletters. The Fee Simple has the authority to edit materials submitted for publication. Authors are responsible for the accuracy of the content of their article(s) in the Fee Simple and the views expressed in them are solely the views of the author(s). The Board of Governors gratefully acknowledges the dedication and the hard work of the Assistant to the Editors, Felicia A. Burton ((757) 221-3813, (email) [email protected]), of the College of William and Mary School of Law. Co-Editor Co-Editor Stephen C. Gregory, Esquire Caitlin D. Cater Steptoe & Johnson, PLLC 319A S. Boundary Street 707 Virginia Street East, 8th Floor Williamsburg, VA 23185 Charleston, WV 25301 (email) [email protected] (304) 353-8185 (office) (703) 850-1945 (mobile) (email) [email protected] FALL SUBMISSION DEADLINE: FRIDAY, OCTOBER 10, 2014 The next meeting of the Board of Governors of the Real Property Section of the Virginia State Bar will be held on Friday, June 13, 2014 at 11:45 a.m. in the Gannett B Room of the Oceanaire Resort Hotel, 3421 Atlantic Ave., Virginia Beach. Real Property Section member resources website login: User name: realpropertymember Password: Lwjr795f Visit the section web site at http://www.vsb.org/docs/sections/realproperty/membershipapplication.pdf for the Real Property Section Membership form and http://www.vsb.org/site/sections/realproperty/newsletters for articles from the FEE SIMPLE and a whole lot more! Vol. XXXV, No. 1 iii Spring 2014 Vol. XXXV, No. 1 iv Spring 2014 the FEE SIMPLE A TRIBUTE TO THE FATHER OF THE MODERN PRACTICE OF VIRGINIA REAL ESTATE LAW by Lynda L. Butler I can still remember my first meeting of the Real Property Section’s Board of Governors in 1986. I had just agreed to join the Board and be in charge of the Section’s FEE SIMPLE, published twice a year. The meeting agenda was long, and the attorneys took each agenda item very seriously, debating many of the issues at great length. Indeed, they raised so many substantive issues about Virginia real estate law that I didn’t quite know where to start in getting articles for the FEE SIMPLE. Not only did I need to identify topics of interest to the readers but also to find authors willing to write about the topics. What topics would be timely and relevant to most of the readers’ practices? How would I find an author who was knowledgeable about the topic? How would I find an author who was committed enough to the Real Estate Bar in Virginia to deliver an article worth reading? As these questions were running through my mind, I heard a soft-spoken man talking, in great depth, about a particular topic. A few minutes later, I heard him speaking again about a different topic – and again in great depth. After this happened a third time, I realized I had found a gold mine – a human treasure trove of ideas and knowledge and love for Virginia real estate law. How could anyone know so much about a field of law as complex as real estate? How could anyone speak so eloquently and passionately about a field of law as substantively difficult as real estate? I didn’t quite know how to answer those questions, but I quickly realized that I needed to center my publication plans around and on this man, Court Traver. I decided to ask him, each time after he spoke, whether the topic would be of interest to the RPS. I decided to ask him whether he knew an attorney who could write the article. Fortunately, the plan worked well – so well that eventually I had attorneys submitting articles for publication without even being asked. Eventually, around 2001 when I became a law school administrator, I was also able to convince Court to become a co-editor of the FEE SIMPLE. It was a great privilege to serve as the Editor of the FEE SIMPLE for 25 years. It was an even greater privilege to work with someone as interesting and intelligent and committed as Court Traver. I learned a great deal from him about the law, about life, about having a passion for the law, about being engaged in your profession. He wasn’t just a partner in a major law firm; he was also a teacher and mentor, a husband and a father, a Navy pilot and a storyteller. Time spent
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