Highlights of the 27th Annual Advanced Real Estate Seminar 2023

Throughout the Commonwealth, applying the merger doctrine when physical access to the property is disputed can lead to disastrous results and landlocked properties. This presentation examines the doctrine of merger and its current application in Virginia, and it provides guidance on how to prevent merger from extinguishing access rights.

Understand the issues from both sides of the “v”—from a consumer advocate attorney and a creditors’ rights attorney—on the issues surrounding second mortgages that have remained unenforced for long periods of time. How and why does this occur? What causes the holders of the dormant second mortgages to come out of the woodwork? What you need to know from both sides on how to navigate collecting or defending against these debts.

Tax Incentives for Historic Preservation, Rehabilitation, and Conservation Easements
Jack C. Hanssen, Brandon S. Allred

Brandon Allred and Jack Hanssen will discuss Federal and Virginia tax incentive programs available for the conservation and historic redevelopment projects. Jack Hanssen will provide a basic overview of the legal and regulatory framework for Virginia Land Preservation Credits for Open Space and Conservation Easements, including the associated Federal income tax deduction. Brandon Allred with provide an overview of the Virginia and Federal Historic Rehabilitation Tax Credit programs and their role in re-development projects of historic real estate. The goal of the session will be to provide the participants an understanding of the tax incentives available to clients interested in historic preservation, rehabilitation, and conservation projects.

Join us as we discuss real life “hypotheticals” involving the multi-faceted aspects of real estate law from representation of borrowers, lenders, developers, and government and explore the underlying ethics issues of conflicts, fiduciary, and ethical duties of handling funds, the scope of the representation and identification of the client, the appropriateness of a conflict waiver, the art of an effective engagement agreement, as well as the uniqueness of post-pandemic transitions happening with lawyers leaving traditional practices and engaging in remote office locations in another state or even country. (RPCs 1.2, 1.5, 1.7, 1.8, 1.9, 1.10, 1.13, 1.15, 5.5 5.8, 8.4).

This section will be a one-hour overview of the process of appealing a zoning determination or zoning violation to the Board of Zoning Appeals, with practical pointers and recent case law of interest. The discussion will also touch on several “hot topics.”