Concord, NC asked in Real Estate Law, Agricultural Law, Land Use & Zoning and Landlord - Tenant for Virginia

Q: Is there a legal document that will not give ownership or others can stake claim to property they are working/living on?

It is 30 acres of land in VA where 2 of the 5 owners with the other owners permission is setting up what is called The Eden Experience-The Eden Experience is about creating a new sense of community and family based on permaculture farmsteading that thrives and coexists along harmoniously with the earth and its natural abundance, learning from her and creating better generations and ultimately a better earth through light, love, understanding and community. Let's bring our future back to Eden! As part owner of the land, I want to make sure anyone that comes on the land to help cultivate it and build things do not have a claim to it in any way. The premise is they can stay on the land in exchange for working the land. Want to make sure anything built will be retained by the current owners and cannot be removed as well as the non-owners not having any rights to the property.

3 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Real Estate Law Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: This reads like a fairly simple sharecropper agreement with no rental value unless the tenant breaches. To achieve you complete objectives, you probably want to customize the lease, but doing this without a signed agreement will be a very bad idea, especially if your project succeeds and the arrangement passes to another generation.

1 user found this answer helpful

Ross Cameron Hart
Ross Cameron Hart
Answered
  • Real Estate Law Lawyer
  • Salem, VA
  • Licensed in Virginia

A: 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 sit down with an experienced attorney in your area – there is a ‘search’ feature that can help you.

F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: The individuals who you allow to enter the land and stay on the land would be considered "occupants" and thus could have a claim to an entitlement to remain in possession of the land, just like a tenant. You would be best served to have each and everyone of the individuals who enter the land sign a formal written agreement that will disclaim any rights as occupants, tenants or land owners. Also, you should have an attorney who practices in the jurisdiction where the land is located to draw up the agreement.

1 user found this answer helpful

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