Kassco, L.L.C. v. Geodigital Mapping, Inc.

By Judge Thomas D. Horne

Defendant, Geodigital Mapping, Inc., has demurred to a motion for judgment seeking recovery on a commercial lease. The singular ground for the demurrer is that the term of the lease relied upon is for more than five years. It is the contention of the defendant that recovery is barred because the lease is not in the form of a deed.

The General Assembly has long provided that, “[n]o estate of inheritance or freehold or for a term of more than five years in lands shall be conveyed unless by deed or will....” Va. Code Ann. § 55-2.

Formal prerequisites for a deed are…