Deerfield Land Use & Zoning Lawyer, Virginia
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Staunton, VA 24402
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LEGAL TERMS
AUTHOR
In terms of copyright protection, either the person who creates the work, the person or business that pays another to create the work in an employment context o... (more...)
In terms of copyright protection, either the person who creates the work, the person or business that pays another to create the work in an employment context or the person or business that commissions the work under a valid work for hire contract. For example, a songwriter may write a song, but if he is employed by a company to do so, the company is the author of that song for copyright purposes.
INDEPENDENT CONTRACTOR
A legal category of worker defined by the Internal Revenue Service. The key to the definition is that, unlike employees, independent contractors retain control ... (more...)
A legal category of worker defined by the Internal Revenue Service. The key to the definition is that, unlike employees, independent contractors retain control over how the work they are hired to do gets done; the person or company paying the independent contractor controls only the outcome--the product or service.
LANDLORD
The owner of any real estate, such as a house, apartment building or land, that is leased or rented to another person, called the tenant.
TORTIOUS INTERFERENCE
The causing of harm by disrupting something that belongs to someone else -- for example, interfering with a contractual relationship so that one party fails to ... (more...)
The causing of harm by disrupting something that belongs to someone else -- for example, interfering with a contractual relationship so that one party fails to deliver goods on time.
COVENANTS, CONDITIONS & RESTRICTIONS (CC&RS)
The restrictions governing the use of real estate, usually enforced by a homeowners' association and passed on to the new owners of property. For example, CC&Rs... (more...)
The restrictions governing the use of real estate, usually enforced by a homeowners' association and passed on to the new owners of property. For example, CC&Rs may tell you how big your house can be, how you must landscape your yard or whether you can have pets. If property is subject to CC&Rs, buyers must be notified before the sale takes place.
QUANTUM MERUIT
The reasonable value of services provided, which a winning party may be able to recover from an opponent who broke a contract.
BEQUEST
The legal term for personal property (anything but real estate) left in a will.
HOMESTEAD
(1) The house in which a family lives, plus any adjoining land and other buildings on that land. (2) Real estate which is not subject to the claims of creditors... (more...)
(1) The house in which a family lives, plus any adjoining land and other buildings on that land. (2) Real estate which is not subject to the claims of creditors as long as it is occupied as a home by the head of the household. After the head of the family dies, homestead laws often allow the surviving spouse or minor children to live on the property for as long as they choose. (3) Land acquired out of the public lands of the United States. The term 'homesteaders' refers to people who got their land by settling it and making it productive, rather than purchasing it outright.
COMMERCIAL FRUSTRATION
An unforeseen and uncontrollable event that excuses a party to a contract from performing his or her duties under that contract. For example, a landlord can bre... (more...)
An unforeseen and uncontrollable event that excuses a party to a contract from performing his or her duties under that contract. For example, a landlord can break a lease if the property she agreed to rent accidentally burns down before the tenants move in.
SAMPLE LEGAL CASES
Hale v. BOARD OF ZONING APPEALS, TOWN OF BLACKSBURG
In these consolidated appeals, the principal issue we consider is whether the circuit court correctly
applied Code § 15.2-2307 in finding that the owner/developers of a parcel of real property obtained
a vested right to a particular use of the property under a rezoning ordinance subject to ...
Goyonaga v. Board of Zoning Appeals
This appeal arises from a petition for certiorari filed in the appropriate circuit court challenging
a stop work order issued by a zoning administrator and upheld on appeal to the local board of
zoning appeals. The stop work order was issued to prohibit renovations of a residential ...
Arogas v. FREDERICK BD. OF ZONING APPEALS
Initially, we note that we will not consider the petitioners' original petition because the petitioners
failed to incorporate or refer to their initial petition in the amended petition. We have held that
"`when a circuit court sustains a demurrer to an amended [petition] which does not ...
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