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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: If land is considered farm land and a portion is wanted to place a home on does the land need to be surveyed?

How does the land go from being taxed as farm land to residential taxes?

Richard Sternberg
Richard Sternberg
answered on Aug 15, 2023

Land use is an area of law that is extremely local. Check with your local county government about the rules and regulations where you live or consult land use counsel.

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1 Answer | Asked in Landlord - Tenant and Family Law for Virginia on
Q: Can I evict a person who refuses to pay rent to my elderly mother?

My mother moved away due to failing health. The tenant lives behind her home in a trailer. He has no electricity or water as well in the trailer. Can we condemn the trailer.

Richard Sternberg
Richard Sternberg
answered on Aug 14, 2023

The answer will depend on local as well as state landlord and tenant law. Virginia is relatively good for landlords compared to my other jurisdictions, but you need to get a local lawyer that covers landlord-tenant and/or real estate.

2 Answers | Asked in Probate for Virginia on
Q: What is the easiest way to file a petition city of Chesapeake asking a judge to appoint an executor for my mothers estat

Va is a majority rules state and 5/7 siblings have agreed that the property needs to be sold we are not allowed in it by opposing siblings and she prior to mother’s death isolated her until we took legal action

Richard Sternberg
Richard Sternberg
answered on Aug 2, 2023

AFAIK, Virginia is not a "majority rules" state as to partition or sale in lieu of partition of land. Any owner of jointly held land can more for sale in lieu of partition if the property is inherently indivisible. I don't understand the rest of your question or description, so... View More

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2 Answers | Asked in Real Estate Law for Maryland on
Q: My brother was a joint owner of a house, but passed away. The deed states, “rights to survivorship”

The “survivor” is telling me that because my brother had open judgements, I have to pay for them (satisfy the liens) before he “the survivor” can sell the house. How is this true? The asset (jointly owned house) was not part of any probate.

Richard Sternberg
Richard Sternberg
answered on Aug 1, 2023

The answer depends on whether the liens are recorded on the property or, under state law, are implicitly liened against title, so the correct answer is to get a lawyer, do a title search, and resolve title. But, as a general matter, if, under state law, the lien was recorded against the property,... View More

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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Banking for Virginia on
Q: I have possession of a deceased family member's deed of trust. She's not listed on it, but holds title to it. Virginia

The transaction has been paid off, but I have not seen any deed actually signed over to officially own the property without question. I also was given possession of the deed to hold safely, but was not named executor of her will. What, if any, rights to I have in the say of what happens to her... View More

Richard Sternberg
Richard Sternberg
answered on Jul 23, 2023

The assumptions in your posting indicate that you haven’t a clue as to proving title in Virginia. Seek out local, Virginia, real estate counsel, run a current owner search, and review the results.

1 Answer | Asked in Real Estate Law for Virginia on
Q: scenario . . . three sibilings receive a residental house through an estate ( beginning june 2022 )

an agreement is reached between siblings and one of them buys out the other two ( april 2023 ), so the house is now owned by one person ( sibling ). i am buying this house ( july 2023 ) with title insurance. do i need to worry about any future lawsuit from any of the siblings ? extended... View More

Richard Sternberg
Richard Sternberg
answered on Jul 7, 2023

Before you close, your title agent will order a title abstract that shows who holds legal title. The insurance company and your lender will not allow the closing to proceed if the seller does not have good title. While it's best to read the actual contract to be sure of this, it's more... View More

1 Answer | Asked in Contracts, Real Estate Law, Business Law and Construction Law for Virginia on
Q: I made 10% down payment cash and signed contract. The contractor is forcing me to pay all 100% before installation

I made 10% down payment via check for solar panel installation and signed contract. The company is forcing me to pay the remaining 90% before installation begins or else they won't install. There is nothing in the contract as to when final payment is due other than same day. I thought that... View More

Richard Sternberg
Richard Sternberg
answered on Jul 5, 2023

Perhaps you should have a a lawyer rev new the contract you signed?

1 Answer | Asked in Family Law for Virginia on
Q: Hi I’m a 18 year old female and my boyfriend is 25 can my dad press charges against him in any way
Richard Sternberg
Richard Sternberg
answered on Jun 24, 2023

In any way? Well, of course. If your boyfriend commits a crime, your father can report it. Indeed, if your boyfriend does not commit a crime, your father can make a false report of it thereby subjecting himself to a charge of False Statement or even perjury. But, if you are asking whether the... View More

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: Seeking some clarification on the language used within a Last Will and Testament of a decedent naming two beneficiaries.

The Personal Property clause of the Will states that all of the personal property that has not been directed as specific bequests, or a part of the residual estate, be equally distributed among the two name beneficiaries.

Additionally, the Residual Estate clause states that the property,... View More

Richard Sternberg
Richard Sternberg
answered on Jun 20, 2023

Reviewing your question without actually reading the will and interviewing about the circumstances is, in my view, rank malpractice. Indeed, I just took a CLE class this week that agreed that such a review might create a conflict of interests. Get a lawyer to review the specific facts. Many lawyers... View More

2 Answers | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for Virginia on
Q: An estate is trying to evict us. The owner died but we paid him a cash towards the property with verbal agreement.

We made a gentlemans agreement with the owner to rent to own his property. We paid him $25k for down payment and as a show of good faith he wrote us a quit claim for 2 trailers on the land. He passed and now the estate is trying to evict us with refusal of any funds, but the beneficiary (his... View More

Richard Sternberg
Richard Sternberg
answered on Jun 19, 2023

Oral agreements on real estate are not binding. All contracts regarding real estate must be in writing. Sometimes, a writing can be found from things that aren’t thought of as writings, such as an email, receipt, or check. You need to review your specific facts including every written... View More

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1 Answer | Asked in Real Estate Law and Construction Law for Maryland on
Q: Who fixes dryer vent? Can HOA bill for uncompleted work? Is HOA responsible for damages caused by delay & violation?

Mold/mildew caused by dryer vented to inside. I was not informed of it at purchase and I found out its against building code while researching this. Contractor came 4 times in 2 year period. I had to keep asking. Holes cut in wall for inspection by their contractor have not been repaired. I'm... View More

Richard Sternberg
Richard Sternberg
answered on Jun 12, 2023

The answer will depend on who owns what in your condo or HOA, who was responsible for the construction flaw, and who knew of the defect and concealed it. Unless the repair is worth less than the cost of the legal involvement, you may want to have the HOA docs, the advertising and closing docs, and... View More

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

Richard Sternberg
Richard Sternberg
answered on Jun 7, 2023

The argument is most likely specious, but real estate title is decided by what the documents say, not what you say. Buy a consult with a lawyer licensed in the state where the property lies, get a title search, and get a reliable answer. You need to do this before you surrender your and your... View More

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2 Answers | Asked in Estate Planning for Virginia on
Q: My spouse and I own a home together. We both have adult kids from previous marriage. If one of us should die without

a will in place, does the step kids automatically get part of the home? Or will the home go to the surviving spouse? in Virginia

Richard Sternberg
Richard Sternberg
answered on Jun 2, 2023

You need a will or a trust or careful retitling of the house. If you own the house by tenants by entireties, then it will pass outside of probate to the survivor of the two of you, and it will go entirely to the survivor's children after the survivor passes. The other children will get... View More

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1 Answer | Asked in Consumer Law, Landlord - Tenant, Real Estate Law and Internet Law for Maryland on
Q: Can I take legal action against HABC.org (Housing Authority of Baltimore City) for False Advertisement?

I have two rental properties in Baltimore City that I wanted to lease out in October 22'. I came across an article/press release online advertising a $1,500 incentive for new landlord's who signed up with program. I begin working with the program and due to their own continuous mistakes... View More

Richard Sternberg
Richard Sternberg
answered on Jun 1, 2023

You want to retain a lawyer to file a suit against what is either a government agency or a public-private partnership which might have a regulatory layer that requires some specialization, and the amount of your lawsuit will be for $3,000. Is that right? The non-refundable retainer from counsel in... View More

2 Answers | Asked in Land Use & Zoning, Real Estate Law, Traffic Tickets and Municipal Law for Maryland on
Q: I live in a private neighborhood and an individual who is not a resident stores his vehicles infront of my property 24/7

Minimum of 1 car but up to 3. They are left there from 1 week up to 4 months. The roads are owned by the county not the HOA. So far all I can do is have them tagged as abandoned at which time the owner is notified and moves the car for 1 day and then returns it. I have to believe this is illegal... View More

Richard Sternberg
Richard Sternberg
answered on May 29, 2023

You might need to hit the books better or retain someone who can. I recall reading something that limited parking on public roads to a time limit unless the road was adjacent to your home, but it might have been Montgomery County Code. The County and incorporated city codes are often unindexed and... View More

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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: what can be done to force.executor to sell a house per the will

grandma died in 2017. dad and cousin are to split proceeds from.sale of house. executor, dads brother, haa not put house up for sale. what can be done to force him to sell the house?

Richard Sternberg
Richard Sternberg
answered on May 28, 2023

Retain counsel. Petition for Order to Sell or, in the Alternative, Replace PR for Self-Dealing.

2 Answers | Asked in Real Estate Law and Probate for Virginia on
Q: My mother passed away on 6/22 (no will) . I filed probate received real estate affidavit contacted mortgage co.

5 months later the mortgage co. (sps) files foreclosure after I submit the deed with my name. I have to give them $18, 000 by the first of June what can I do their relationship manager did not file most of the paperwork I sent her

Richard Sternberg
Richard Sternberg
answered on May 26, 2023

I am having some difficulty deciphering your situation. If the $18,000 if the balance of the accelerated loan caused by the default, and the foreclosure was filed because the bank didn't recognize you as the title owner, it's a fairly small problem, and a lawyer can get it solved often... View More

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: I have a deed that shows restrictions of covenants from 1950s. Are these law binding today if nothing has been filed?

No cutting of shrubs, house has to be finished in a year. No commercial or business use are some items. We are a non hoa neighborhood but are a civic association

Richard Sternberg
Richard Sternberg
answered on May 20, 2023

I've had a couple of those cases, and it really depends on what the covenant says and, sometimes, how the caselaw interprets events like the abandonment of a civic association, There is no way to avoid a legal review other than to make whatever assumptions you like best and then pay more if... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: HelloHoa has a clause in place preventing legal action can I still file lawsuit on hoa or file just on hoa management
Richard Sternberg
Richard Sternberg
answered on May 20, 2023

While it might be useful to have a lawyer read the actual clause and review the entire HOA governing documents before concluding as to what they say, as a general matter, neither the HOA nor anyone else, can declare themselves immune from the law or been g challenged in their understanding or... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: wrongful detainer was filed, however I asked the judge to dismiss the case as it was the incorrect action as I pay rent.

Plaintiff (P) stated a landlord/tenant was filed previously but was dismissed. On that particular L/T case, I asked for a postponement due to illness. But previous judge dismissed case because (P) lawyer stated a dishonest answer that I paid nothing. (P) lawyer then filed a wrongful detainer... View More

Richard Sternberg
Richard Sternberg
answered on May 9, 2023

It is difficult to decipher your description, but the mechanism for challenging a judge's decision is called an appeal. If you don't understand the judge's decision or how to follow the procedures of court, you might be well served to retain a lawyer for your next case or for the present appeal.

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