Fredericksburg, VA asked in Real Estate Law for Virginia

Q: A 14 acre deed from grandparents, inherited by 9 brothers/sisters, 3 are alive. We are entitled to 1.5 acre. No will.

Or declaration of heirs. 24 houses have been constructed and no one wants to pay Crim, up to $30k owe.

How do I begin this journey to obtain what is mine?

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2 Lawyer Answers

A: Sorry to hear what you are going through. A good place to begin your journey is to see a real estate or estate lawyer to learn more about the story and gather information, then outline how to proceed, if any.

A: Property generally does not descend as you are anticipating. There is generally no right to a specific 1.5 acres or $30,000. What you have — assuming you are a common co-tenant of the whole by descent— is the right to partition or to sell in lieu of partition. That requires a settlement or a court… and either of those generally require a lawyer. The good news is that, in Virginia, the party who pays the lawyer to petition for sale in lieu gets reimbursed out of the sale. I agree with Mr. Seddiq that you need to consult counsel.

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