• Gumballs, Wisteria And Bamboo....Oh My, Gumballs, Wisteria And Bamboo....Oh my

    I loved Wisteria with its fragrant chandeliers of purple dangling from my back fence where is had taken up residence from my neighbor’s yard. It was still lovely when it crept over the shed, lending a cottage-like appearance to the unfinished wood. Then it ate my pear tree and I had to start keeping my children and dogs inside. The gumball droppings and bamboo have never been palatable. I didn’t planrt them and I don’t want them. But what to do about this horticultural Welcome Wagon? Virginia’s law regarding trees was a subjective mess until 2007, but is now fairly straightforward: Accordingly, we hold that encroaching trees and plants are not nuisances merely because they cast shade, drop leaves, flowers, or fruit, or just because they happen to encroach upon adjoining property either abo... Read more

  • Intellectual Property: What is the difference between trademark, patent, and copyright?

    While business owners and others are often concerned about the protection of their intellectual property, they are frequently unclear on the distinctions between trademark, patent, and copyright law.  The term "trademark" is used as a general term to refer to any of the various types of intellectual property that protect names, logos, and slogans used in conjunction with the sale or offering of goods and services which are transported or distributed via interstate commerce regulated by U.S. law. The two primary types of trademarks that can be registered with the U.S. Patent and Trademark Office are Trademarks and Service Marks. Trademarks are used by their owners to identify goods, that is, physical commodities, which may be natural, manufactured, or produced. Service marks are used by the... Read more

  • Estate Planning 101

    Over the years, I have been asked to speak to groups about estate planning. Inevitably, the first things people are concerned about is how complicated the process is going to be, how much it will cost and will they really be able to understand the final product. I have always used the analogy of comparing estate plans to automobiles. When you were young and single, you probably owned a used car or an inexpensive new car. Basically, you didn’t have much money so you couldn’t afford an expensive car. More than likely your only asset, in addition to the car, would be a checking or savings account. You probably didn’t own any real estate or have a stock portfolio. At that time in your life, you probably didn’t need a complex estate plan. In all likelihood a simple will leaving everything to yo... Read more

  • Pest Control, Towing of Vehicles, New swimming pool regulation in Virginia Beach

    Dear Board Members and Managers: It’s a good time to talk about laws which seem to relate to the season we have entered. We want to alert you to laws on the following topics: pest control, towing and swimming pools. Pest Control: There is a statute in the Virginia Condominium Act that requires pest companies to give 48 hours’ notice by posting the notice in a conspicuous location before applying the chemical(s). We recommend that you print a copy of the attached state statute and send it to your pest control vendors. Towing of vehicles: We have been engaged numerous time when vehicles are towed from associations. Frequently the towed owner either threatens suit or actually files suit for damages when towed in a manner he or she feels is illegal. There are strict rules in each city as to wh... Read more