Virginia State Bar

An agency of the Supreme Court of Virginia

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Real Property

A Section of the Virginia State Bar.

Section News and Information

May 27, 2019

Title 55 has been re-codified

Effective October 1, 2019 Title 55 becomes Title 55.1.  To assist in the transition the Virginia Code Commission prepared Comparative Tables as detailed below.

The Comparative Tables for the recodification of Title 55 to Title 55.1 may be found in Senate Document 5 (2018) at the end of the document.

COMPARATIVE TABLES (From Senate Document No. 5 (2018))

Appendix A  (.pdf) - Title 55.1 to Title 55

Appendix B (.pdf) - Title 55 to Title 55.1

Appendix C (.pdf) - Title 55 Provisions Relocated to Other Titles

July 8, 2020

Traver Scholar Award Recipient 2020 - Benjamin D. Leigh

TheTraver Scholar Award is named for the “father” of Virginia real estate lawyers, Courtland L. Traver, whose outstanding legal ability and willingness to share his knowledge and experience was an inspiration to others.

Traver Scholar Award Recipient 2020 - Benjamin D. Leigh

Benjamin D. Leigh

Benjamin D. Leigh of Atwill, Troxell & Leigh, P.C. in Leesburg is the 2020 recipient of the Traver Scholar Award, awarded by the Real Property Section of the VSB and VaCLE to honor a lawyer who embodies the highest ideals and expertise in the practice of real estate law.

After clerking for the Chief Justice of the Supreme Court of Virginia, Leigh practiced with the Fairfax firm of Blankingship & Keith, P.C.  In 2002, he joined Bill Atwill and William C. Mims to form Mims, Atwill, Troxell & Leigh, P.C., which now exists as Atwill, Troxell & Leigh, P.C.  Leigh’s practice includes a variety of business and real estate matters, transactions, planning, and litigation, as well as administrative lobbying and even legislative amendments.  He has also personally developed residential and commercial real estate projects.

Leigh is a frequent lecturer and writer on topics from ethics in real estate, easements, title insurance coverage and disputes with published on unique topics such as slander of title limitations.  He has served the past few years as a co-moderator of the Advanced Annual Real Estate Seminar.

A graduate of the University of Richmond for both undergraduate and law school, Leigh is a past chair of the Real Estate Section of the Virginia Bar Association, a current member of the Board of Governors of the Virginia Bar Association, and currently an Area Representative for the Real Property Section of the VSB. He has served as a Commissioner in Chancery and Special Commissioner for the 20th Judicial Circuit.  Leigh has also served on the Loudoun County Rural Economic Development Council and the Economic Development Commission.

December 15, 2021

2020-2021 Annual Report

Real Property Section
J. Lori H. Schweller, Chair

Despite a global pandemic, the Real Property Section continues to serve the needs of Virginia lawyers in all fields of real estate practice in the Commonwealth by sponsoring virtual seminars and projects of special interest and relevance to the members of the section, including publication of our flagship journal, the FEE SIMPLE.

The section currently has 2,027 members, of which 1964 are active. The annual budget for 2020- 2021 was $36,640.00, with a balance of $ 26,869.66 as of June 30, 2021.

The Real Property Section was able to pivot to a virtual format this year for section meetings and the presentation of CLE programs. We co-sponsored the 25th Annual Advanced Real Estate Seminar on March 4 – 5, 2021 with Virginia CLE®. This year included special presentations in celebration of the 25th anniversary of the seminar, as well as a deep dive into wellness issues for real estate practitioners. In addition, on May 24 – 25, 2021, we co-sponsored the 39th Annual Real Estate Practice Seminar, which continues to set the standard for currency and quality in continuing legal education for real estate practitioners.

The Real Property Section published its journal, the FEE SIMPLE, twice, once in the Fall of 2020 and once in the Spring of 2021. We gratefully acknowledge the hard work and dedication of our two co-editors, Stephen C. Gregory and Hayden-Anne Breedlove. Quarterly meetings of the Board of Governors and Area Representatives were held via Webex in September, January, and March and were well attended.

Kathryn N. Byler will chair the Section in 2021 – 22, Karen L. Cohen will be Vice Chair and Sarah Louppe Petcher will be Secretary. The section’s Board of Governors will include ten regular members and several ex officio members. We are pleased that Professor Carol N. Brown of The University of Richmond School of Law has joined the Board in an ex officio capacity as the academic liaison. Jeremy B. Root, the VBA Real Estate Council Chair, serves as the current VBA liaison. Our section remains grateful for the steadfast support of our liaison with Virginia CLE®, Tracy Winn Banks.

The summer meeting of the Section was also held via Webex as the VSB’s annual meeting CLE’s were held virtually this year and there were no in-person section events due to the COVID-19 restrictions that had just recently been lifted. Our section looks forward to the return of normal, in-person section events in 2021-2022.

Respectfully submitted:

J. Lori H. Schweller
Section Chair

June 21, 2022

The FEE Simple Spring 2022 is available

The FEE Simple Spring 2021 is available in the Newsletter section.

July 12, 2022

New Board of Governors elected for 2022-2023

New Board of Governors elected for 2022-2023.