An appurtenant easement can be released by the dominant estate. An appurtenant easement is also released if the necessity for the easement no longer exists. An appurtenant easement is one of two primary types of easements. The other type of easement is an easement in gross. An easement in gross is attached to a particular person but the appurtenant easement is attached to a particular parcel of land. Either of these types of easements may be created in a variety of ways (express grants, express reservation, necessity, implication, prescription, agreement, and by condemnation). Each may also be terminated in a variety of ways (lack of necessity, merger, release, abandonment, destruction, court order).

  • The difference between equitable title and legal title

    Do you know the difference between equitable title and legal title? Equitable title is conveyed to the buyer when the seller signs the offer to purchase. A ratified sales contract creates equitable title. After closing and accepting the deed, the buyer receives legal title. Equitable title does not carry all the rights, privileges and duties…

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  • What is the Virginia Condominium Act?

    If you own a condo in Virginia, or if you’re thinking of buying a condominium in the Commonwealth of Virginia, it might be a good idea to glance at the Virginia Condominium Act. This act describes the terms of ownership and limitations and requirements of condo associations.  It also describes the unique attributes of condominium…

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  • Condos need maintenance …

    Everything built by man requires some maintenance at some point. Even so-called maintenance-free homes require some attention. So when making the transition from renting to buying, one aspect of home ownership that must be considered carefully is maintenance. Renters enjoy few advantages over buyers, but one benefit of renting is that in most cases renters…

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  • Real Estate Contracts With Contingencies

    Real estate contracts sometimes come with contingencies. This is a part of the contract that states certain conditions or timelines are met or the seller or buyer can void the contract. The conditions or timelines can be any that both parties agree on and are put within the contract. Contingencies usually last for a specified period.…

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  • Update: Lepelletier case against Judge Tran Dismissed

    As you may already know, Robert Lepelletier, Jr. sued Nesbitt Realty and as a result he was ordered to pay sanctions to Nesbitt Realty by Fairfax County Judge John Tran. Lepelletier sued the Honorable Judge John Tran in Federal court. Lepelletier’s case against Judge Tran was dismissed and his motions were denied. Despite being ordered…

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Real Estate Law,

Will Nesbitt

View posts by Will Nesbitt
Will is the principal broker of Nesbitt Realty and Condo Alexandria. He is licensed in anywhere in the Commonwealth of Virginia, but focuses on those communities found in and around Alexandria, Arlington, Mount Vernon and Springfield/Franconia. Will has been involved in real estate management, sales and investment for more than twenty years. He is a veteran of the U.S. Army. While in the army, he studied Russian at Monterey's Defense Language Institute. He is also a "veteran of the dotcom wars" and built most of the sites associated with Will currently resides in Belle Haven Estates just outside Old Town, overlooking New Alexandria. He is a former president of the Mount Vernon Youth Athletic Association and founded the Alexandria Fun with Friends Group. Will is the author of BattlestorM, a tabletop fantasy game, which was published by Ral Partha Publishing in the late '90's, and Arthur's Realm, a boardgame available at the Gamecrafter.