Virginia State Bar

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Real Property

A Section of the Virginia State Bar.

Meeting Minutes - September 16, 2000

Minutes of the Virginia State Bar
Real Property Section
Board of Governors

Charlottesville, Virginia

The Fall meeting of the Board of Governors of the Real Property Section of the Virginia State Bar was held on Saturday, September 16, 2000, at 10:15 a.m., in Room WB103 of the University of Virginia School of Law, Charlottesville, Virginia.

The following persons were in attendance: Steve Romine, Mike Pace, Richard Mendelson, Larry McElwain, Joe Cochran, Eric Zimmerman, Steve Wood, Minerva Andrews, Christian Chiles, Leslie Argenta, Paula Caplinger, Christina Meier, Lawrence Daughtrey, Steven Blaine, Grice McMullan, Lawrence Schonberger, Louis Rogers, Rob Pearsall, Patrick Pettitt, Randy Howard, Robin Alsonyz, David Helscher, Steve Gregory, Ed Waugaman, Douglass Dewing, and John Epperly. John David Epperly, Chair, chaired the meeting. Steve Romine, Secretary, kept the minutes.

Mr. Epperly called the meeting to order.

Mr. Epperly presented the minutes of the June 16, 2000 meeting of the Real Property Section and upon motion duly made, and seconded, the minutes were unanimously approved as written by those who attended the June 16, 2000 meeting. Those not in attendance at the June 16, 2000 meeting abstained.

Mr. Epperly presented the financial report.

Mr. Randy Howard presented the membership report. Membership is currently at 1,747.

Christina Meier nominated Christian Chiles of Williams Mullen Clark & Dobbins to serve as an Area Representative from the Tidewater Region. The nomination was duly seconded and Mr. Chiles was elected.

Mr. Epperly discussed the current policy regarding attendance requirements for Area Representatives. Steve Wood discussed a proposed attendance policy for Board Members and Area Representatives (see attachment). No consensus was reached regarding mandatory attendance. It was also decided that Steve Wood would draft a welcome letter with guidelines and expectations for consideration by the Board.

Mr. Epperly next discussed the pamphlet, Purchasing Your House, and the need for revisions. He encouraged each of us to provide input. Joe Cochran volunteered to assist Steve Gregory in finalizing revisions.

Messrs. Epperly and Schonberger next discussed articles for the Fee Simple magazine. The publication deadline was October 23, 2000. Lynda Butler was not present. A lengthy discussion occurred and the following list of articles were volunteered:

New ALTA/ACSM standards for survey - Waugaman/McMullan.

New recording requirements. Cover sheet legislation.- Epperly

UPL 197 and LEO 1742 - Meier

MERs article - Dewing

Article on new federal law on electronic signatures- Pettit (May edition)
Uniform Electronic Transaction Act (VA enacted)

UCETA

Riparian rights - Zimmerman

Article 9 changes (7/1/2001)

Republication of deed forms

Mr. Schonberger led a discussion regarding the section CLE program and made an appeal for speakers for the May, 2001 program. Possible program topics include:

A practical program on Article 9 changes.

The program may also include title insurance endorsements, an ethics component - VA Reciprocal (Inge), owning title agencies, planning enhanced title policies, and how to handle difficult clients.

The Section also needs to provide an update to State Bar regarding changes in law.
The Seminar Committee will consist of Paula Caplinger, Louis Rogers, and David Helscher.
The Committee will set the time and place. They were encouraged to consider planning the meeting coincide with the Spring Board meeting.

Mr. Dewing then reported on a Trust and Estates Section initiative. The Trust & Estates Section is attempting to rewrite the common law so that all assets vest in the personal representative and any transfer will require a written instrument. They contend, if adopted, this would place real estate on the same level as personal property and provide for ease of administration.

Mr. Epperly then gave an update on the status of UPL 183 & the Fears case. The appeal will be granted by Supreme Court. (comment from January meeting by Mr. McCauley - the appeal was not granted)

UPL 197 & LEO 1742 were also briefly discussed.

Various committee chairs made reports as noted in the Agenda:
The Board voted to continue extending free membership for one year after a new member joins the Section.
Mr. Dewing discussed the activities of the Information and Technology Committee.
Mr. Blaine reported that Land Use Committee is drafting chapters for the Commercial Real Handbook.

There being no further business, upon motion duly made, and seconded by Lawrence Schonberger, the meeting was adjourned at 12:40 p.m.

Steve Romine, Secretary