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Questions Answered by Ross Cameron Hart
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What should i do in this situation.

We have rented the house we live in since 2014. Every thing went well no issues fast forward to 2020 and a guy came to our house stating he had owned the house since 2018. He got it at auction because the previous owner had failed to pay property taxes from 2016 on. To make a long story short they... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Oct 26, 2024

First, I congratulate you for saving the money until the mess was straightened out. I've seen too many instances that wasn't done. The only change to that is I'd have suggested you open a special savings account and put your rent into it each month - if you ever had to prove your... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: What is the law regarding adverse possession of property bordering our property?

An old fence was erected when our house was built in 1990. There are old fruit trees planted on our side of the fence. The fence is about 30 feet from our actual property line. The area on our side of the fence has been maintained by our prior property owners before we purchased the property and... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Sep 15, 2024

While your facts appear to support your claim of adverse possession, and there is a reasonable likelihood of success, it's not easy or clearcut. Simply, you need to get a lawyer on board - if only for advice - and see what else you need to do to cement your claim.

Adverse possession...
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2 Answers | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for Virginia on
Q: Ex husband sent me a gift of deed expecting me to give him the house. I don’t want to sign it. What do I need to do

We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.

Ross Cameron Hart
Ross Cameron Hart
answered on Apr 28, 2024

Other counsel are correct - we don't have enough information and you should consult with a lawyer - take all your divorce papers with you to the consultation, especially any separation agreement you had and the final decree of divorce.

This forum is designed to give you a quick...
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2 Answers | Asked in Real Estate Law for Virginia on
Q: What is the Virginia statute of limitations involving a third party promissory note with a deed of trust?

Last payment made Dec 2014. Have not heard from note holder until Feb 2024 threatening foreclosure, interest, and legal fees.

Ross Cameron Hart
Ross Cameron Hart
answered on Feb 15, 2024

You've left out some important information - when was the mortgage taken out, when was it's original due date, and a few other things. I have a lot more questions than answers at this point.

That said, the odds are that the holder of the debt may still be able to foreclose on the...
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3 Answers | Asked in Probate for Virginia on
Q: Can the estate be responsible for the medical bills of the decedent ?

As the husband of the decedent, I am the only person in the estate.

Ross Cameron Hart
Ross Cameron Hart
answered on Feb 6, 2024

Handling of estates is a lot more technical than most people think, and you should consult an experienced probate attorney to review the estate and advise you. If there is no estate under administration (through the court system) you - as an individual - are generally not responsible for the... View More

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Did the recent updates to the VA Landlord and Tenant Act increase time limits for security deposit returns?

It has been 48 days since the end of my lease and I have not received my security deposit back, an itemized list of deductions, or any communication regarding withholding my deposit. My lease specifically stated that the deposit would be returned within 45 days. I reached out to my landlord to ask... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Aug 17, 2023

Security Deposits are governed by 55.1-1226 of the Code of Virginia - you can find it at this link:

https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1226/

It specifies 45 days from the date defined in the law (earlier timelines were a bit shorter) so it may be...
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I sue my apartment for not fixing AC for over a year. Causing financial and emotional harm.

Moving in on September of 2022 my wife and I had our first child. And we noticed the AC in our unit did not work as well as we wanted. By end of day our unit would be 80+ degrees which with a newborn was impossible to sleep at night. Maintenance would continue to state over the last year that it... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Jul 23, 2023

First, you can sue anyone for almost anything (there can be a penalty if it's frivolous, however. Don't worry: your situation is not 'frivolous' in my opinion). The real question is whether you can succeed in that suit. I think you have a fair chance of success - nothing... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Would I have claim to land previously owned by my family based on wording in original owner's will?

My great, great, great, great, great grandfather owned a significant amount of land in Virginia in the late 1,700's. In his will, he states, "my will is and I desire that my estate be neither appraised nor sold." He then goes on and says "I give and bequeath unto my son..his... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Mar 12, 2023

Nope. You don't have any claim at all based on the facts you've given. That little word 'assigns' means people that ancestor may sell the land to. He sold it.

There is also an obscure real estate rule called the 'Rule against Perpetuities' which, in very...
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: living in Virginia, yearly lease end 03/30/23 and I gave the notice on 02/20 but landlord said my vacate date 04/20

Landlord said that i need to provide 60 days' notice or else the lease will automatically renew on a month-month basis. Now I am stuck paying double rent. when I gave the notice i added my vacate date as 04/01 but they never responded on that and when i asked about my dates they said its 04/20

Ross Cameron Hart
Ross Cameron Hart
answered on Mar 8, 2023

Read your lease. Some leases have an extended notice period such as 60 days (which your landlord is telling you). Your lease controls if it was written correctly. In leases I've drafted the following paragraph was included:

;;;

YOU and WE may terminate this lease by giving...
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I moved out before the end of the lease and keep paying rent but the landlord does not look for a new tenant. Can I sue?

The landlord started renovating the apartment instead of looking for a new tenant.

Ross Cameron Hart
Ross Cameron Hart
answered on Jan 29, 2023

You may be entitled to a refund for the period after the landlord began renovations of the rental unit. There is a difference between 'renovations' (serious work such as upgrade kitchen, bath, etc) and 'turnover' (new paint, possibly replace old carpet, etc). Also consider the... View More

3 Answers | Asked in Real Estate Law and Probate for Virginia on
Q: My mother's will list my brother & myself. As heir to her estate. My brother pass. What happens now? I'm left executive

Also power of attorney. Does his wife now get half? Or I'm I the sole heir

Ross Cameron Hart
Ross Cameron Hart
answered on Dec 9, 2022

Three critical issues, two which the other lawyers mentioned.

First, what does your mother's will say? The language in it is critical.

Second, is the timing of their respective passing. if your mother passed first then your brother, then his wife and/or children could get...
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2 Answers | Asked in Estate Planning and Probate for Virginia on
Q: My mother passed, had no will, my sister was handling the estate. She works for a criminal attorney that is now handling

My mothers estate? But mind you he couldn't represent me in criminal court because of conflict of interest cause my sister works for him. Should be the same with the estate?? I asked my sister for a copy of estate paper work and I'm getting no response? I need to know what my rights are... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Nov 12, 2022

In my opinion lawyers who focus on one area of the law shouldn't dabble in areas of law they aren't familiar with. It can breed malpractice claims.

There are a lot of missing pieces in your short question. I suggest you consult an experienced probate law firm for a consultation...
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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Last year my landlord raised my rent without giving proper notice per my lease. Can I sue to recover these funds?
Ross Cameron Hart
Ross Cameron Hart
answered on Apr 1, 2024

From your question I infer that you went ahead and paid the additional rent without objection. In that case, a court could hold that you accepted and ratified the increase and deny a claim.

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My landlord sent me a copy of a water bill. But there was no address, account number ect. It's got be a fake, what can I

Do and what are my legal options? Why pay something that could be someone else's water bill? How can I prove its a fake bill?

Ross Cameron Hart
Ross Cameron Hart
answered on Mar 2, 2024

You have your question backwards. It's up to the landlord to prove it's the bill for your property. You might call the water utility and ask about billing at your address.

2 Answers | Asked in Real Estate Law and Estate Planning for Virginia on
Q: 2nd great grandfather leaves 85 acres to 14 children and all descendants, 1 still alive. Every descendant entitled?

a family trust was established and every document mentioned every child by name and says and their descendants have a shared right to use of the land. 2nd great grandfather died in 1930 and up until 1986 all documents list all siblings, some of their children(my deceased grandmother was named) and... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Jun 7, 2023

This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it seems that you need a lot more than an internet answer. Find and meet with an... View More

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord serve a 60 day notice and after 20 days issue a 5 day pay or quit notice in Roanoke Virginia.

Lease expired in May now it is month to month but no new lease since May the problem occurred because rent is owed for September and for October. The 5 day notice says that after 5 days he can take possession of house and anything in it.

Ross Cameron Hart
Ross Cameron Hart
answered on Oct 7, 2022

The 60 day notice and the 5 day notice are two different things. The 60-day notice says that the landlord will not renew your right to live in the rental unit and must move by the end date - this is whether or not you pay your rent.

The 5-day notice is because the landlord says you...
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3 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Virginia on
Q: When splitting up the money left in an estate, how do I take out judgements against beneficiaries paid by the estate?

I have 2 siblings, both of which had separate judgements paid off by the estate when we sold the family farm. The siblings along with myself were listed as co-owners of the estate when my dad passed, so the judgements had to be paid before any funds from the sale were released. I shouldn't... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Sep 8, 2022

My first question is HOW was the property sold? Did the two heirs sell it or did the estate sell it? In other words, was the money paid to the heirs or to the estate administrator? If the heirs sold it and the money was distributed to them, then there shouldn't be an issue.

However,...
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3 Answers | Asked in Probate for Virginia on
Q: Who gets the house if both husband and wife die without a will and it never went to probate in Virginia?

My sister and her husband are owners of a home. Both have died and their son took over the house but never put it through probate. He is now dying and doesn’t have a will. He has diminished mental capacity at this time. Since the house is still in my dead sister and brother-in-law’s names,... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Sep 1, 2022

Both Mr. Sternberg and Mr. Wilson are correct, and the answer can be complicated depending on family history. Simplistic analysis: ASSUMING Sister and Husband were parents of nephew (son) who was their only child. He owns the property whether or not their estate was 'put through... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Can a landlord deny a physical, signed lease in preference for an electronic one?

Submitted a physical lease prior to the expiration of my previous lease and was later informed that the property manager "did not accept paper leases" so I was charged several hundred more for the next month's rent because I had been transferred to a month-to-month... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Jul 15, 2022

That sounds like nonsense.

You may want a lawyer to help you. I would suggest a 'tenant assertion' to have the court declare that a lease exists and you are due refund/credit/lower rent payments on the lease. You would file the assertion in the General District Court for the...
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1 Answer | Asked in Estate Planning for Virginia on
Q: When does the statue of limitations began on breach of fiduciary duty in va?

Estate has been opened since 2019, majority of breaches happened that year but va has two year statue of limitations. Not sure if I have a chance in court, or do I just have to take a loss?

Ross Cameron Hart
Ross Cameron Hart
answered on May 10, 2022

If a fiduciary mis-handles an estate, then having them pay improperly handled money and property is technically called a 'surcharge' and is suing on the bond. That statute is ten years - see Virginia Code 8.01-245, here: https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-245/.

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