Virginia Beach, June 16, 2006

Williamsburg, February 24, 2006

Williamsburg, January 21, 2006

Charlottesville, September 16, 2005

The Fall Meeting of the Board of Governors of the Real Property Section of the Virginia State Bar, with Area Representatives in attendance and participating at the meeting, was held at the Virginia CLE Office in Charlottesville, Virginia, on Friday, September 16, 2005, commencing at 10:05 a.m.

The following persons (based on execution of the roll sheet or otherwise known to be present) were in attendance: Douglass Dewing, Grice McMullen, Jean Mumm, Ray King, Rick Chess, Jim McCauley, Larry McElwain, Joe Cochran, Cooper Youell, Randy Howard, Paul Melnick, Barbara Goshorn, Paul Bellegarde, Rick Richmond, Lawrence Schonberger, Pam Sellers, Nancy Kern and Howard Gordon.

Doug Dewing called the meeting to order at 10:05 a.m, made welcoming remarks and had all attendees introduce themselves.

The minutes of the summer meeting held at the Holiday Inn Sunspree in Virginia Beach on June 17, 2005, were unanimously approved at the meeting, subject to correction of the spelling of names and the omission of Eric Zimmerman's name from the slate of those being nominated to serve on the Board for a 2nd term, his original term having expired in 2005.

A discussion of the Section's finances then took place. Doug Dewing announced that the Section finished 2005 with a surplus, but printing costs of $2000 for the Fee Simple would not be received until July, and the cost of the Steinheilber's dinner, will appear on next year's budget. It was determined that the writing contest was financially feasible. There is some investigation being done to determine if the Bar's approval is needed for the writing contest. Doug Dewing is to look into when the dues increase approved at the June meeting is to go into effect.

Discussion was had about recruiting new area representatives and utilizing the membership roster for this purpose. Randy Howard was to do some work to sort the list by geographical location to make it easier to use for recruiting purposes.

Nancy Kern provided an update on Seminars. The Advanced seminar will be limited to 90 participants, be held at Kings Mill on February 24-25 and once again have "break-out" sessions. Nancy was looking for ideas on commercial real estate topics and speakers. The Annual seminar will be in the beginning of May, but no specific date has been set.

Discussion was had about the seminar at the Bar's Annual Meeting. The Local Government Attorney's section has asked the Section to co-sponsor, possibly with another section, a seminar on the topic of traditional neighborhoods, and attempt to have the seminar be the Showcase Presentation. Howard Gordon has volunteered to be a panelist. Discussion was had about joining forces with the Bankruptcy Section instead. It was determined that we would tell the Local Government Attorney's section that we were interested in co-sponsoring a program on traditional neighborhoods.

We next moved into the matters of Old Business. The Section's meeting schedule for 2006 was announced: the winter meeting will be on January 20, 2006 in Williamsburg in conjunction with the Virginia Bar Associations' meeting, the spring meeting will be February 24, 2006 prior to the Advance Real Estate Seminar in Williamsburg, and the summer meeting will be on June 16 in conjunction with the State Bar's Annual Meeting in Virginia Beach.

The Section's Mission Statement was briefly discussed and tabled for further discussion at the Section's winter meeting in January.

Discussion was had about appointing a liaison to the Virginia Bar Association for the purposes of having the opportunity to review and comment on pending legislation. The general feeling of those in attendance was to let the VBA take the lead, and provide the Section with notice of pending legislation in enough time to allow for comment. Grice McMullan was to follow up with David Helscher and Pia Trigiani on this matter.

Next the Section discussed having a liaison with the Clerk's Association. Grice McMullen took the lead on this discussion.

The meeting then moved on to New Business. Those in attendance had no new business to discuss. Discussion was had on the agenda item of appointing a liaison/ad hoc subcommittee to work with VBA/VLTA to develop title examination standards. Doug Dewing was to ask VLTA if there was any interest on its part in the Section getting involved with setting standards for title insurance examiners.

Doug Dewing was to discuss with the Bar the issue of disseminating cases of interest.

The meeting then moved on to Subcommittee Reports:

-Programs: Larry McElwain agreed to Chair the Advanced Real Estate Seminar again and is working with Nancy Kern on the program content and securing speakers. Grice McMullen, as the Section's Vice-Chair, is to oversee the Annual Real Estate Seminar. Jean Mumm, as the Section's Secretary-Treasurer, is to oversee the seminar held prior to the summer meeting.

-Technology: Doug Dewing will continue to Chair this Subcommittee. His report was contained in the package of materials disseminated at the meeting and discussed. Jim McCauley agreed to join the Subcommittee.

-Membership: Randy Howard advised that the Section is again #3 overall. Discussion was had about the concern that the group's leadership is "aging" and the need to recruit new participants - possibly at the Advanced Real Estate seminar, through brown bag lunch meetings, and at the First Day of Practice. Discussion was also had about the need to determine a "job description" for Area Representatives.

-Fee Simple: The next due date for articles is mid/late October. Article topics were discussed.

-Commercial: Need to check with Mark Williamson if he is still interested in chairing this Subcommittee.

-Creditor's Rights: no report.

-Ethics: No report. Jim McCauley to join the Subcommittee.

-Land Use and Environmental: Nancy Kern reported there is a seminar in October and November. Looking for a chairman for the Subcommittee.

-Title Insurance - no report.

-Residential - no report.

Liaison reports were then given:

-Bar Counsel: Ray King reported that the Multi-Jurisdictional Practice Rules are coming. In addition, several trust account defalcations have occurred, so we may see an increase in trust account audits.

-Old Dominion Bar Association: no report.

Larry McElwain offered his home for cocktails after the meeting, but no one was staying in the area.

There being no further business, upon motion duly made, seconded, and unanimously passed, the meeting was adjourned.

Respectfully Submitted,

Jean D. Mumm
Secretary

AGENDA
FALL MEETING OF THE BOARD OF GOVERNORS OF
THE REAL PROPERTY SECTION OF
THE VIRGINIA STATE BAR
10:00 a.m.-12:00
September 16, 2005
The Virginia CLE Building
Charlottesville, Virginia

1. Welcome/Introductions - Dewing

2. Presentation (10:05 a.m. -10:20 a.m.): Environmental Subcommittee comments on Proposed Uniform Environmental Covenants Act (tentative - Blaine)

3. Approval of minutes from June 20, 2005 meeting - Dewing

4. Financial Report - Dewing

5. 2005-2006 Budget - Dewing

6. New Area Representatives - Dewing

Recruiting

7. Seminars - Kern

A. Advanced Real Estate Seminar (Kingsmill, Williamsburg, VA) (Spring 2006)
B. Annual Real Estate Practice Seminar(Fairfax, Norfolk, Roanoke and Richmond) (May 2006)
C. Annual Meeting CLE (June 2006)
Request to co-sponsor speaker with Local Government

8. Old Business

A. Updated and revised list of Officers and Board members - Dewing

B. Mission Statement subcommittee, report on planned draft Section mission statement, goals, investigate the needs of our members and how we can best respond to those needs and plan Section retreat - Zimmerman

C. Converting interest in establishing an ad hoc subcommittee to work with VBA to monitor new legislation, comment on proposed bills, into process and people - preferably before the General Assembly session begins? Volunteers? Start with UECA? - McMullan?
Other topics mentioned to me recently include: felon's incompetence - 8.01-2; update notary savings statutes from '95, perhaps by setting a 3-5 year period in which to object, rather than updating every four or five years; clarify intent of 17.1-223 and 55-106.2 . . . what did legislature mean by validly recorded? . . . is that sufficient to quit updating notary savings statutes and the like . . . other ideas?

D. Liaison with Clerk's Association - necessity, topics of common interest - McMullan

9. New Business

A. Recruiting - Dewing/Howard - identify members of the section in their area - recruit members onto board; recruit non-members into Section - one on one, as opportunity arises in day to day practice
B. Interest in establishing an ad hoc subcommittee to work with VBA/VLTA to develop title examination standards? Volunteers? (this was new business last year - dead news?) I believe the VLTA is working on standards for abstractors and this might be an area where bar input is needed . . . Gregory? Waugaman?

10. Subcommittee Reports (Please include the status of Fee Simple articles)

Possible realignment of members within committees . . . Steve Wood is all alone in Creditor's Rights . . . any other committee so big people are getting lost, or so small they are getting buried?

A. Membership*-Howard (see also 9A above)

B. Programs*-See Item 7 above

C. Technology*-Dewing

D. Fee Simple*-Butler and Traver -Deadlines for Fall submissions. - Ideas for articles.
Prior article ideas floating around: prepayment penalties; installment sales; time of the essence; 1031; other ideas - new Bankruptcy Act

E. Commercial**-McMullan and Williamson

F. Creditors' Rights and Bankruptcy**-Wood

G. Ethics**-Davis

H. Land Use and Environmental**-Blaine

I. Title Insurance**-Gregory and Waugaman

J. Residential*-Meier

(*= Responsible for a substantive article for the Fall Fee Simple)
(**= Responsible for a substantive article for the Spring Fee Simple)

11. Liaison Reports

A. Bar Counsel - King
B. Old Dominion Bar Association - Holmes

12. Adjourn

(If previously scheduled with subcommittee members, optional subcommittee meetings may follow Board meeting.)

David Helscher has scheduled a meeting of the VBA legislative committee for right after our Board meeting to discuss legislative matters. Any members interested in watching sausage get made, or spearheading the liaison efforts should attend.

Nancy Kern will meet with program committee after the Board meeting to discuss CLE programs

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William and Mary School of Law
Williamsburg, Virginia
January 20, 2006

The Winter Meeting of the Board of Governors of the Real Property Section of the Virginia State Bar, with Area Representatives in attendance and participating at the meeting, was held at the William and Mary School of Law, in Williamsburg, Virginia, on Friday, January 20, 2006, commencing at 1: 15 p.m.

The following persons (based on execution of the roll sheet or otherwise known to be present) were in attendance: Douglass Dewing, Grice McMullan, Jean Mumm, Steve Romine, Lucy Davis, Eric Zimmerman, Randy Howard, Paula Caplinger, Lawrence Daughtrey, Barbara Goshorn, Cynthia Nahorney, Christina Meier, Rick Richmond, Rick Chess, Paul Beelegarde, Larry McElwain, Harry Purkey, Albert Thweatt, Howard Gordon, Courtland Traver, Nancy Kern, David Helscher, Ed Waugaman, Susan Pesner, Susan Siegfried, Manus Holmes, Lynda Butler and Chuck Lollar.

Doug Dewing called the meeting to order at 1:15 p.m, made welcoming remarks and asked all attendees to sign the attendance sheet.

The minutes of the fall meeting held at the Virginia CLE Office in Charlottesville on September 16, 2005, were unanimously approved at the meeting, subject to correction of the spelling of Grice McMullan's name, typographical errors and substitution of David Helscher's name for David Mercer's name.

A discussion of the Section's finances then took place. Doug Dewing announced that next year's budget needs to be submitted to the State Bar in February. Members are to let Doug know if there are any new expense items to be added to the budget.

Albert Thweatt from Richmond was nominated by Randy Howard to be a new area representative and his nomination was unanimously approved by those in attendance.

The legal writing contest was then discussed. Doug Dewing provided an update, including the fact that it has been determined that we do not need the approval of the State Bar for the contest. We do, however, need people to judge the articles. Some discussion was had on who should serve as judges. Further discussion was deferred until the February meeting.

Nancy Kern provided an update on Seminars. The Advanced Seminar will be limited to 90 participants and be held at KingsMill on February 24-25. Those in attendance who were planning to attend the Advanced Seminar were urged to make their room reservations as soon as possible as the hotel room block was ending on January 24, 2006. The Annual seminar will be held in May, at four locations. This Seminar will include a review of the recent case law and the legislative update. The committee met prior to the meeting to discuss other topics and speakers. Nancy also reminded everyone that there was a condominium and condominium conversation seminar planned for June 7, location unknown, and a video replay of the 1031 seminar in February. Finally, Nancy was considering doing a telephone seminar on the Chesapeake Bay Preservation Act and was looking for feedback from the group on this idea.

David Helscher reminded everyone that nominations for the VBA/VA CLE award in honor of Courtland Traver were due by mid-February so the recipient could be notified prior to the Advanced Real Estate Seminar. The recipient of the award will be provided with a scholarship to the Advanced Real Estate Seminar that covers the cost of the seminar, accommodations and meals.

Doug Dewing reported that the minutes from past meetings reflect that there is a standing resolution authorizing the engagement of NLRG to provide the information for the case law update for the Annual Seminar. The cost is $3000-$5000. Notwithstanding the standing resolution, a motion was made to approve the expenditure for this year's seminar and the motion was unanimously approved by those in attendance.

The Annual Meeting CLE was then discussed. Doug Dewing advised that he had received an email stating that the joint Real Estate, Environmental and Local Government sections seminar on traditional neighborhoods was not selected as the showcase presentation. The seminar will be at the Holiday Inn Sunspree. Jean Mumm gave an update on this seminar.

The meeting then moved to the Old Business items on the agenda. Doug Dewing circulated among those in attendance a list of the names, addresses, telephone and fax numbers and email addresses for the Board members and Area Representatives and asked that information be updated as needed.

Subcommittee chairmanship vacancies were then discussed. It was suggested that Judge Delk from Suffolk be approached to fill the vacancy as the Judicial Liaison.

A draft of the Section's Mission Statement was circulated and discussed. It was determined after some discussion that proposed changes were to be submitted to Doug Dewing by February 15, 2006. Further discussion is to take place on this issue at the February meeting.

Doug Dewing received and disseminated information from Pia Trigiani on proposed legislation. Several of the proposed bills were briefly reviewed with some discussion. Comments are to be provided to Pia or David Helscher.

The meeting then moved to discussion of the New Business items on the agenda.
Recruiting was the first item on the agenda. Randy Howard prepared a roster of the section's membership, sorted by zip codes and color coded by regions of the state. Those in attendance were encouraged to take a copy of the roster and contact those people who they feel might be interested in participating in the Section. It was noted that the roster is 2-3 years old, but the most up to date version available.

Interaction with the VLTA was then discussed. Doug Dewing reported that he spoke to several people with the VLTA about this matter and never got a response. Ed Waugaman stated that he thought that the VLTA would be open to working with the Section on projects of mutual interest. Ed's committee will look into this further.

On the issue of forming an ad hoc committee to disseminate recent cases of interest, Doug Dewing stated that he spoke with the State Bar about attaching an on-line discussion board to the Section's State Bar website. Doug said he was told that the State Bar is still looking into this issue. Discussion was then had of alternative ways to accomplish what the Section is hoping to achieve.

The meeting then moved on to Subcommittee Reports. The Technology Subcommittee Report was included in the packet of materials provided with the meeting's agenda. Those in attendance were reminded that their firm websites were subject to State Bar rules and the rules should be reviewed to determine what can and cannot be put on a firm website.

A report on the Fee Simple was given by Lynda Butler. The deadline for new articles is April 21, 2006. The legislative summaries and recent case law summaries will be included in the next issue. Possible other articles were discussed - Lynda Butler was to contact the Williamsburg attorney involved in a recent homeowner's case involving parking reported in the VA Lawyer's Weekly, Doug Dewing was to look at the recently reported mechanic's lien opinion and Patrick Pettit will be contacted about writing a Landlord/Tenant article.

It was reported that at the First Day of Practice Seminar, there was quite a bit of interest in real estate, which resulted in 30-40 new Section members.

The Membership Subcommittee reported that we have 2093 members, which makes the Section #2 in total membership, tied with the Criminal Law Section.

With regard to Ethics, Susan Pesner reported that the State Bar is increasing investigations into affiliated business relationships.

It was reported that Mark Williamson is looking for a co-chair for the Commercial Subcommittee.

The Creditors' Rights and Bankruptcy Subcommittee is in need of a new chairman. Discussion was had as to whether this subcommittee is needed.

Steve Romine volunteered to be the new chairman of the Land Use and Environmental Subcommittee, taking over for Steve Blaine.

Eric Zimmerman and Barbara Goshorn are to discuss chairing the Residential Subcommittee.

Liaison reports were then given. The Bar Counsel's report reminded everyone that COLD has a task force looking at trust account rules and enforcement of these rules. We are to expect a new set of rules from the Bar to address trust account violations. In addition, it was reported that the Chief Justice has an initiative to improve the practice of law in rural areas and solo practices, with an emphasis on criminal law and trust account procedures.

Manus Holmes gave the Old Dominion Bar Association Liaison Report. Manus advised that most members of the ODBA do not practice real estate. In light of this, he is going to channel his energies to assist with the First Day of Practice Seminar.

Doug Dewing advised that there was information in the package handed out with the agenda regarding the proposed modifications to certain Rules of Professional Conduct and the means for providing comments.

Those in attendance were encouraged to join the VBA.

There being no further business, upon motion duly made, seconded, and unanimously passed, the meeting was adjourned at 3:10 p.m.

Respectfully Submitted,

Jean D. Mumm
Secretary

AGENDA
WINTER MEETING OF THE BOARD OF GOVERNORS OF
THE REAL PROPERTY SECTION OF
THE VIRGINIA STATE BAR
10:00 a.m.-12:00 noon
January 20, 2006
Marshall Wythe School of Law, Room 127
Williamsburg, Virginia

1. Welcome/Introductions - Dewing

2. Approval of minutes from September 19, 2005 meeting - Mumm

3. Financial Report - Dewing

4. 2005-2006 Budget - Dewing

5. New Area Representatives - Dewing

Albert W. Theatt (Howard)

6. Legal Writing Contest

LSchonberger distributed to all the law schools, rules are on the website,
Nominations for distinguished panel of judges?

7. Seminars - Kern

A. Advanced Real Estate Seminar (Kingsmill, Williamsburg, VA) (Feb. 24/25, 2006)
B. Annual Real Estate Practice Seminar(Fairfax, Norfolk, Roanoke and Richmond) (May 2006)
C. Annual Meeting CLE (June 2006)
Jean Mumm and Howard Gordon are working with the Environmental and Local Government Attorneys sections to produce a program on building neighborhoods
D. In furtherance of continuing resolution from June 2000 meeting; request approval to again retain NLRG to provide legal research in connection with the Current Case Law portion of the Annual RE Seminar . . . guestimated expense - $3000-3500

8. Meeting dates for balance of year

Spring - February 24, 2006
Summer - June 16, 2006

9. Old Business

A. Updated and revised list of Officers and Board members - Dewing

Nominations for Subcommittee chairs -
Bankruptcy/Creditor Rights - Technology - Residential - Judicial Liaison

B. Mission Statement subcommittee, report on planned draft Section mission statement, goals, investigate the needs of our members and how we can best respond to those needs and plan Section retreat - Zimmerman

C. Converting interest in establishing an ad hoc subcommittee to work with VBA to monitor new legislation, comment on proposed bills, into process and people - preferably before the General Assembly session begins? Volunteers? Start with UECA? - McMullan? Helscher?
Other topics mentioned to me recently include: felon's incompetence - 8.01-2; update notary savings statutes from '95, perhaps by setting a 3-5 year period in which to object, rather than updating every four or five years; clarify intent of 17.1-223 and 55-106.2 . . . what did legislature mean by validly recorded? . . . is that sufficient to quit updating notary savings statutes and the like . . . other ideas? Uniform electronic recording act?

10. New Business

A. Recruiting - Dewing/Howard - Board Members and Area Reps to identify members of the section in their area - recruit members onto board; recruit non-members into Section - one on one, as opportunity arises in day to day practice

B. Interest in establishing an ad hoc subcommittee to work with VBA/VLTA to develop title examination standards? Volunteers? (this was new business last year - dead news?) I believe the VLTA is working on standards for abstractors and this might be an area where bar input is needed . . . Gregory? Waugaman?

C. Ad hoc committee to disseminate recent cases of interest - e-mail; chat room; discussion board - clearinghouse

11. Subcommittee Reports (Please include the status of Fee Simple articles)

Possible realignment of members within committees . . . Steve Wood is all alone in Creditor's Rights . . . any other committee so big people are getting lost, or so small they are getting buried?

A. Membership*-Howard, Cochran and McElwain (see also 9A above)
B. Programs*-Dewing
C. Technology*-Dewing
D. Fee Simple*-Butler and Traver -Deadlines for Spring submissions. - Ideas for articles.
Prior article ideas floating around: prepayment penalties; installment sales; time of the essence; 1031; other ideas - new Bankruptcy Act - opinion letter -- Simmons v. On Faith LLC (Staunton Cir Ct) VLW 005-8-262 (If someone knows either Christopher J. Smith or Paul M. Black (they were the named attys in this case), whichever was the prevailing party of course - should be encouraged to write an article for the Fee Simple on this case.)
E. Commercial** Williamson and ____________
F. Creditors' Rights and Bankruptcy**-Wood
G. Ethics**-Davis
H. Land Use and Environmental**-Blaine
I. Title Insurance**-Gregory and Waugaman
J. Residential*-Meier

(*= Responsible for a substantive article for the Fall Fee Simple)
(**= Responsible for a substantive article for the Spring Fee Simple)

11. Liaison Reports

A. Bar Counsel - King
B. Old Dominion Bar Association - Holmes
C. Judicial - Rousch

12. Adjourn

(If previously scheduled with subcommittee members, optional subcommittee meetings may follow Board meeting.)

David Helscher may have a meeting of the VBA legislative committee after our Board meeting to discuss legislative matters. Any members interested in watching sausage get made, or spearheading the liaison efforts should attend.

Nancy Kern may wish to meet with program committee after the Board meeting to discuss CLE programs

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KINGSMILL RESORT
WILLIAMSBURG, VIRGINIA

The Spring Meeting of the Board of Governors of the Real Property Section of the Virginia State Bar, with Area Representatives in attendance and participating at the meeting, was held at the Kingsmill Resort & Conference Center, in Williamsburg, Virginia, on Friday, February 24, 2006, commencing at 10:25 a.m.

The following persons (based on execution of the roll sheet or otherwise known to be present) were in attendance: Douglass Dewing, Grice McMullan, Jean Mumm, Ray King, Randy Howard, Paula Caplinger, Lawrence Daughtrey, Cynthia Nahorney, Mark Williamson, Rick Chess, Paul Bellegarde, Larry McElwain, Courtland Traver, Nancy Kern, Manus Holmes, Bill Nusbaum and Pete Runkle.

Doug Dewing called the meeting to order at 10:25 a.m, made welcoming remarks and asked all attendees to sign the attendance sheet.

The minutes of the winter meeting held at the William & Mary School of Law on January 20, 2006, were unanimously approved at the meeting.

No financial report was given.

New area representatives were then discussed. Doug Dewing will follow up with Christina Meier and ask her to invite all three (3) people she recommended in her email attached to the agenda to become area representatives. Larry Daughtrey also advised he had someone in mind. Discussion was had about encouraging participation from the Western part of the state.

The legal writing contest was then discussed. Larry Schonberger, Lynda Butler and Court Traver were proposed as judges. Doug Dewing will ask Lynda if she has time to serve as a judge.

Nancy Kern provided an update on Seminars. The Advanced Seminar will begin at 1:00 a.m. Nancy outlined additional speakers needed for the Annual Seminar in May. Nancy also reminded everyone that there was a condominium and condominium conversation seminar planned for June 7 in Fairfax. Jean Mumm gave an update on the summer seminar, which is a joint presentation with the Local Government section and Environmental section. Jean Mumm made a motion to expend up to $500 to defray costs of the seminar (i.e. any lodging/food for out of town speakers). After much discussion, the motion was seconded by Ray King and approved subject to the 2 other sections also contributing an equal amount.

Much discussion was again had about not being able to receive CLE credits for attending the CLE in conjunction with the annual State Bar meeting if you do not sign up and pay for attending the entire meeting. Ray King volunteered to speak with Karen Gould and Howard Martin about the issue. Court Traver suggested that there be a carve out fee for CLE attendance only.

The 2006-2007 budget was then discussed. The dues increase goes into effect with this budget. Doug Dewing discussed the budget included in the agenda package. The State Bar's financial people will review the budget.

The Section's summer meeting will be on June 16, 2006, after the seminar, beginning at 1:00 p.m.

Under Old Business, Doug Dewing forgot to bring the list of Officers and Board members for updating. The Mission Statement was deferred until the June meeting, or perhaps next year.

Under New Business, Randy Howard had no report on recruiting. Doug Dewing reported that the VBA is willing to host some sort of chat room to disseminate recent cases of interest. Doug will look into software for this. Chuck Lollar has asked that an Eminent Domain subcommittee be created. Those interested were encouraged to contact Chuck and then approach the group about amending the Charter to include this subcommittee. Doug Dewing reviewed information he received from Pia Trigiani on legislative updates.

There were no committee reports.

Ray King presented the Bar Counsel liaison report. Ray reported that Barbara Williams is leaving the Bar Counsel position and the Bar is looking for a replacement. Interested candidates should contact Tom Edmonds at the Bar. In addition, trust accounts are being scrutinized and in light of the increase in trust account defalcations, expect revisions to CRESPA's bond requirements.

Doug Dewing is to follow up with Judge Delk about being our judicial liaison.

There being no further business, upon motion duly made, seconded, and unanimously passed, the meeting was adjourned at 11:05 a.m.

Respectfully Submitted,

Jean D. Mumm
Secretary

.

AGENDA

SPRING MEETING OF THE BOARD OF GOVERNORS
AND AREA REPRESENTATIVES
OF THE REAL PROPERTY SECTION OF THE VIRGINIA STATE BAR

February 24, 2006
10:00 a.m. - 11:00 a.m.
In connection with the Advanced Annual Real Estate Seminar
KINGSMILL RESORT
WILLIAMSBURG

1. Welcome/Introductions - Dewing

2. Approval of minutes from January meeting - Mumm

3. Financial Report - Dewing - none

4. 2005-2006 Budget - Dewing

5. New Area Representatives - Dewing
?? (Daughtrey)

6. Legal Writing Contest
LSchonberger distributed to all the law schools, rules are on the website,
Nominations for distinguished panel of judges?

7. Seminars - Kern

A. Advanced Real Estate Seminar (Kingsmill, Williamsburg, VA) (Feb. 24/25, 2006)
B. Annual Real Estate Practice Seminar(Fairfax, Norfolk, Roanoke and Richmond) (May 2006)
C. Annual Meeting CLE (June 2006)
Jean Mumm and Howard Gordon are working with the Environmental and Local Government Attorneys sections to produce a program on building neighborhoods

8. Meeting dates for balance of year
Summer - June 16, 2006

9. Old Business

A. Updated and revised list of Officers and Board members - Dewing
Nominations for Subcommittee chairs -
Bankruptcy/Creditor Rights - Technology - Residential - Judicial Liaison
B. Mission Statement subcommittee, report on planned draft Section mission statement, goals, investigate the needs of our members and how we can best respond to those needs and plan Section retreat - Zimmerman

10. New Business

A. Recruiting - Dewing/Howard - Board Members and Area Reps to identify members of the section in their area - recruit members onto board; recruit non-members into Section - one on one, as opportunity arises in day to day practice
B. Ad hoc committee to disseminate recent cases of interest - e-mail; chat room; discussion board - clearinghouse - VBA is agreeable to hosting - need to line up software
C. Creation of Eminent Domain subcommittee?

11. Subcommittee Reports (Please include the status of Fee Simple articles)

Possible realignment of members within committees . . . Steve Wood is all alone in Creditor's Rights . . . any other committee so big people are getting lost, or so small they are getting buried?

A. Membership*-Howard, Cochran and McElwain (see also 9A above)
B. Programs*-Dewing
C. Technology*-Dewing
D. Fee Simple*-Butler and Traver -Deadlines for Spring submissions. - Ideas for articles.
Prior article ideas floating around: prepayment penalties; installment sales; time of the essence; 1031; other ideas - new Bankruptcy Act - opinion letter -- Simmons v. On Faith LLC (Staunton Cir Ct) VLW 005-8-262 (If someone knows either Christopher J. Smith or Paul M. Black (they were the named attys in this case), whichever was the prevailing party of course - should be encouraged to write an article for the Fee Simple on this case - per Susan Pesner) (Patrick Pettit interested in doing a Landlord Tenant topic)
E. Commercial** Williamson and ____________
F. Creditors' Rights and Bankruptcy**-Wood
G. Ethics**-Davis
H. Land Use and Environmental**-Blaine Romine
I. Title Insurance**-Gregory and Waugaman - increase liaison with VLTA ?
J. Residential*-Meier Goshorn and Zimmerman

(*= Responsible for a substantive article for the Fall Fee Simple)
(**= Responsible for a substantive article for the Spring Fee Simple)

11. Liaison Reports

A. Bar Counsel - King
B. Old Dominion Bar Association - Holmes
C. Judicial - Rousch (Dewing to contact Judge Delk, Suffolk?)

12. Adjourn

Nomination Committee to meet after Board meeting

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The Summer Meeting of the Board of Governors of the Real Property Section of the Virginia State Bar, with Area Representatives in attendance and participating at the meeting, was held at the Holiday Inn - Sunspree, in Virginia Beach, Virginia, on Friday, June 16, 2006, commencing at 1: 05 p.m.

The following persons (based on execution of the roll sheet or otherwise known to be present) were in attendance: Douglass Dewing, Grice McMullan, Jean Mumm, Bill Nusbaum, Howard Gordon, Henry Howell, III, Lawrence Daughtrey, Pam Sellers, Joe Cochran, Harry Purkey,, Paula Caplinger, Randy Howard, Cynthia Nahorney, Ken Dickinson, Larry McElwain, Barbara Goshorn, Chris Dillon, Susan Walker, Courtland Traver, Ed Waugaman, Rick Richmond, Page Williams, Michael Barney and Paul Melnick.

Doug Dewing called the meeting to order at 1: 05 p.m., made welcoming remarks and asked all attendees to sign the attendance sheet.

The minutes of the spring meeting held at the KingsMill Resort & Conference Center in Williamsburg on February 24, 2006, were unanimously approved at the meeting.

A discussion of the Section’s finances then took place. The budget was included in the agenda. It was noted that there was a $6300 surplus.

Doug Dewing advised that Judge Delk is our new judicial liaison. Judge Delk is from Suffolk, but travels the 5th Circuit.

Susan Walker and Larry McElwain were elected as new area representatives. Nomination of John Faber and Phil Trapani were held in reserve because Christina Meier was not in attendance.

Alan Smith of Manassas, who attends the TC Williams School of Law in Richmond, was the winner of the Legal Writing Contest. His article appears in the fee simple.

Nancy Kern had to attend another section meeting and was not able to attend our meeting. Doug reviewed the seminar schedule for 2007 attached to the agenda.

Future meeting dates were set. The fall meeting will be at the VA CLE office on Friday, September 8, 2006, beginning at 10:00 a.m. The winter meeting will be in Williamsburg on January 19, 2007 and the “spring” meeting will be the morning of the first session of the advanced real estate seminar, which will be the last week of February.

Doug Dewing passed around the roster and asked people to make any necessary changes.

Hank Howell spoke for Chuck Lollar regarding the formation of an eminent domain subcommittee. Chuck Lollar is willing to chair the subcommittee.

No other subcommittee reports were given. Doug asked for authority to purchase the latest version of Dream Weaver. The expenditure was expected to be approximately $300 for just that module, and up to $1000 for the entire suite. The request was approved.

Ed Waugaman noted that the First Day of Practice needed to purchase more disks, but before doing so, the forms needed to be upgraded.

Doug Dewing provided a few practice tips:

1. Noise words on recording cover sheets are appearing in the land records. For example, if the entity is “The XYZ Co.”, the clerk’s are indexing under “The”.

2. There is no consistency regarding the need for recording cover sheets for SCC documents.

3. When recording and updating title, if you search “ALL”, you will obtain criminal law judgments, marriage licenses, etc. and these are being reported as liens even if they are not docketed judgments.

Elections were held. The following were elected:

1. To the Board:
Cooper Youell
Bill Nusbaum
Jean Mumm

2. Officers:
Grice McMullan – Chair
Jean Mumm – Vice Chair
Randy Howard – Secretary

Doug Dewing then turned the chair over to Grice McMullan. Grice congratulated Doug on his accomplishments and hard work during his year as chair.

Grice McMullan reported that Doug Dewing has agreed to continue as the section’s webmaster.

Grice will send an email to confirm he has correct email addresses for everyone and wants information on areas of practice and ideas about the section and what we could do better. Grice indicated that the committee system needs to be studied and our area representatives needed to be expanded geographically.

There being no further business, upon motion duly made, seconded, and unanimously passed, the meeting was adjourned at 1:40 p.m.

Respectfully Submitted,

Jean D. Mumm
Secretary

AGENDA
SUMMER MEETING OF THE BOARD OF GOVERNORS OF
THE REAL PROPERTY SECTION OF
THE VIRGINIA STATE BAR
1 p.m.- 1:30 p.m.
June 16, 2006
Holiday Inn Sunspree
Virginia Beach, Virginia

1. Welcome/Introductions - Dewing

2. Approval of minutes from February meeting - Mumm

3. Financial Report - Dewing

4. 2005-2006 Budget - Dewing

5. New Judicial Liaison

The Honorable Rodham T. Delk, Jr.; 5th Judicial Circuit

6. New Area Representatives - Dewing

?? (Daughtrey)
Susan Walker - Paula Caplinger and Christina Meier
John Faber - Christina Meier
Phil Trapani - Christina Meier
Larry J. McElwain ?? (as leave the Board)
Steve W. Blaine ?? (as leave the Board)

7. Legal Writing Contest
Schonberger to announce winner
Reminder to think of and recruit authors for the November issue

8. Seminars - Kern

A. Advanced Real Estate Seminar - 2007
B. Annual Real Estate Practice Seminar (May 2007)
C. Annual Meeting CLE (June 2007)

9. Meeting dates for future

Fall - September 15, 2006 (Charlottesville?)
Winter - January 19, 2007 (Williamsburg - weekend of VBA meeting)

10. Old Business

A. Updated and revised list of Officers and Board members - Dewing
B. Creation of Eminent Domain subcommittee - Lollar
C. Subcommittee Reports

11. New Business

A. Election of Officers

1. Report of the Nominating Committee

Nomination for Chair - C. Grice McMullan
Nomination for Vice Chair - Jean D. Mumm
Nomination for Secretary - Randy C. Howard

2. Election

Turn the floor over to the new chairman

B. Election of Board Members

1. Report of the Nominating Committee

C. Cooper Youell (to replace outgoing member)
William L. Nusbaum (to replace member)
Jean D. Mumm (term expiring in 2006 - re-elect for second term)

2. Election

12. Adjourn

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