Neighbor Law (On Demand Seminar)

A pre-recorded streaming VIDEO replay of the September 2022 webcast, Neighbor Law.

Living in close proximity to one another brings out the best and the worst in all of us. When proximity means sharing the same patch of dirt or foundation, issues are bound to arise.

• Can I trim my neighbor’s tree?
• Do I have an easement on my neighbor’s property?
• How can I get my neighbor to fix his deteriorating fence?
• What can I do about my neighbor’s barking dog?

As an attorney, you have been asked these questions many times by family, friends, and clients. You even may have encountered these questions yourself when dealing with a neighbor. This course teaches you how to answer these and other related questions. Our faculty explores the disputes that commonly arise between neighbors and the ways to resolve them.

Learn what your client’s rights are and how alternative dispute resolution might save you and your client from a visit to the courthouse and perhaps preserve the neighbor relationship. “Neighbor law” integrates a variety of types of law from real estate to torts and often requires a great deal of research to answer a single question. This seminar provides practical advice on how to deal with many common neighbor issues.

Whether your practice involves residential or commercial real estate, or you occasionally field questions about such issues from friends and family, this program addresses many of the problems that can arise.

Topics Covered

Dealing with Boundary Issues

• Boundaries
• Prescriptive easements
• Adverse possessions
• Fences

Disruptive Behavior Between Neighbors

• Running ground water
• Environmental contamination from a neighbor’s land
• Sight, air, and view blockage
• Noise and light disturbance

Nuisance, Nudist, and Other Noisome Issues

• Tree and shrub encroachment
• Shared driveway
• Animals and pets
• Offensive sights
• Issues of irresponsibility

FACULTY

John C. Altmiller, Pesner Altmiller Melnick DeMers & Steele PLC / McLean
Michael E. Derdeyn, Flora Pettit / Charlottesville
E. Duffy Myrtetus, Eckert Seamans / Richmond

ABOUT THE SPEAKERS

John C. Altmiller, Pesner Altmiller Melnick DeMers & Steele PLC / McLean

John C. Altmiller is a partner in the firm. His practice is concentrated in real estate, real estate litigation, civil litigation, business law, landlord-tenant, collections, contract law, and disciplinary proceedings before the Department of Occupational and Professional Regulation. He has tried cases in both federal and state courts, including Fairfax, Arlington, Alexandria, Prince William, Loudoun, Fauquier, Stafford, and Fredericksburg, and has been lead counsel in over one hundred circuit court trials. His clients include property owners, real estate agents and brokers, settlement companies, home builders, contractors, and other small business owners. Mr. Altmiller has numerous reported cases in the Virginia circuit courts, the Supreme Court of Virginia, the Eastern District of Virginia, and Fourth Circuit.

Mr. Altmiller graduated from Villanova University in 1988 and received his law degree from George Mason University in 1992. He is the former co-chair of the Real Estate Section of the Fairfax County Bar Association, and the former chair of the Northern Virginia Association of Realtors Attorney Roundtable. He has been a speaker at many continuing education seminars in the areas of real estate, litigation, and ethics.

Michael E. Derdeyn, Flora Pettit / Charlottesville

Mike Derdeyn’ s practice focuses on the areas of litigation, general business law, and employment law. He also serves as general counsel to a number of local businesses.

Mr. Derdeyn’ s litigation experience includes litigating claims for individuals and for businesses in state and federal courts in the areas of commercial litigation, real estate, construction, employment, and landlord-tenant law. He has litigated and resolved matters involving partnership and shareholder disputes, trade secrets violations, fraud, business torts, defamation, tortious interference with contract, breach of contract, wrongful termination, discrimination, violations of the Uniform Commercial Code, violations of the Consumer Protection Act, real property disputes, and trust and estate matters, among others. He also has successfully handled numerous injunction actions for employers seeking to restrict competition by former employees. He has been reported in cases in the Virginia Supreme Court and in the United States District Court for the Western District of Virginia.

Mr. Derdeyn’ s business law experience includes representing and providing legal advice to several local companies in a broad range of industries, including media and entertainments companies, automobile dealerships, construction companies, property managers, and developers. He advises his clients on shareholder and partner conflicts. He also provides contract drafting, contract negotiation and employment counselling services.

Mr. Derdeyn also devotes time to providing advice and litigation services to residential and commercial property owners in landlord-tenant matters.

E. Duffy Myrtetus, Eckert Seamans / Richmond

A highly experienced real estate, business transactions, and commercial litigation attorney, Duffy Myrtetus is a member of the firm resident in the Richmond office. His practice is principally centered on the representation of various parties involved in transactional and litigation matters related to the acquisition, sale, lease, financing, development, and operation of real property assets and interests.

Mr. Myrtetus maintains a diverse practice representing individual investors, institutional lenders and investors, developers, loan servicers, property managers, underwriters, brokers, and others in a wide variety of matters related to planning, entitlement, development, financing, mortgage banking, title claims, loan workouts, and related transactions and litigation. Additionally, his transactional practice includes commercial and residential settlements, tax credit financings, commercial and conduit loans, mortgage foreclosures, land use and planning, and mortgage lender servicing matters. He also has experience in commercial litigation matters including forfeiture proceedings, fraudulent conveyances, title claims, boundary line disputes, partition, construction disputes, and related claims.

Mr. Myrtetus is a native of Miami, Florida, where he also maintains an active practice. He is admitted to all state and federal courts in Florida and Virginia and is also admitted to the United States Supreme Court, is the past chair of the Real Estate Section for the City of Richmond Bar Association, is a past president of the Out of State Practitioner’s Division of the Florida Bar, and currently serves as a member of the Florida Bar’s Board of Governors.  He is AV rated by Martindale Hubbell and has been recognized as one of Virginia Business magazine’s Legal Elite.