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We closed on a new home mid July. We allowed the sellers to stay in the house until September. Upon moving a piano the movers severely damaged the floors. Estimates that we have received by hardwood floor companies state in order to restore the floor to what it was requires complete replacement.... View More 
answered on Nov 15, 2024
Unless you hired the movers, you have no privity with them. Your entire claim is with the Sellers. How much they collect from the movers is their business.
This is one of many, many reasons that most lawyers and title agents don't like leasebacks. If you aren't ready to close,... View More
When we bought our property we did a title check to make sure there were no restrictions with the property, come to find out there seems to be an easement that was filed with the county a year after we had bought it. however it seems to have been drafted months before we bought the property, do we... View More
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answered on Nov 6, 2024
Hire a VA attorney to search the title, and examine closely that recorded easement. If easement is for road improvement or maybe an underground utility system, probably no damages. Title companies rarely have a duty to anyone, but might get hit for negligence (again doubtful). Have an... View More
“This offer is fully contingent upon on a formal survey and the buyers being satisfied with the boundaries”.
answered on Oct 29, 2024
It is important to read the clause in the context of the entire document, but if you have a completely discretionary right to satisfaction and you are satisfied, that might be quite useful. Consult counsel licensed in the appropriate jurisdiction and familiar with local contracts and customs, and... View More
Ever since I pulled Owner Builder permits to put A new foundation under my home, I have been targeted by the permit dept. Unfairly. I have lived in Oakland since the 1980's prior to pulling permits I had NEVER been questioned or targeted by Oaklands fledgling blight ordinance inspectors, Ever... View More
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answered on Oct 19, 2024
I'm sorry to hear about the challenges you've faced with Oakland's blight ordinance. To begin addressing this issue, start by gathering all documentation related to your interactions with the building inspection department. This includes permits, inspection reports, correspondence,... View More
His uncle owns property that connects with ours we would like to purchase that property but not sure since the power of attorney. My husband and his uncle are the only remaining people in his family so there are no other heirs.. we do not want the nursing home to make us sell it which is why we... View More
answered on Oct 7, 2024
The question presents potential issues of self-dealing in derogation of fiduciary duties and credit fraud, elder abuse, and even potential Medicaid fraud. But, the funny part is one of the first lessons I learned in practice from my mentor’s mentor: If nobody is going to object, there are many... View More
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answered on Sep 26, 2024
Yes... Hire a VA attorney to search the title and determine heirship.
Purchasing a modular home in Tennessee to be delivered to Virginia. Seller wants a dispute resolution and arbitration agreement signed before. I have not see the house. They want me to sign something saying I am satisfied with it and nothing is wrong. Can I get out of signing this
answered on Oct 3, 2024
A Virginia/Tennessee (???) attorney could advise best, but your question remains open for three weeks. Applicable laws aside, as a general matter, an attorney would probably want to take a look closer at the agreement to advise - geography, distances involved, reasonableness of ability to inspect,... View More
Tax consequences on sale of completely depreciated rental property
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answered on Sep 14, 2024
When you sell a completely depreciated rental property, there are several tax consequences to consider. Since the property has been fully depreciated, you must recapture all the depreciation taken during the ownership period as "depreciation recapture." This recaptured amount is taxed at... View More
Real estate question: basic now but will elaborate when connected. Note: will type words in a form of 3rd person so its less emotional for me, stay on logic.
Also, a lawyer that was the office for Legalaide stated that it does not matter the Foreclosure the property was sold, there is no... View More
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answered on Sep 13, 2024
When you sell a home just a few days before a scheduled foreclosure, the sale can have important consequences on the foreclosure process. First, make sure that the sale of the property is fully finalized and that all necessary documents have been recorded. Once the house is sold, the foreclosure... View More
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
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... View More
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answered on Aug 9, 2024
Hire a VA attorney to search the title and determine heirship unless your Father gave out some conveyance you do not know about.
answered on Sep 2, 2024
Equitable distribution rights in marital property in Virginia do not rise to the level of title rights. In the absence of a court order freezing marital assets, a spouse holding title in his or her name alone may sell property. The other spouse may have a right to a credit in equitable... View More
answered on Jul 11, 2024
You and her two daughters should be able to sell the home when probate is complete. The administrator of your wife's estate may also be able to sell it with a court order and distribute the proceeds to you and the two daughters.
If Brother #2 does not want to buy out Brother #1, what rights does Brother #1 have if he wants to sell?
answered on Jun 13, 2024
Either co-owner of the property can petition the court for sale in lieu of partition as long as the property isn't subject to partition. Partition is mostly an available remedy for farmland. The legal fees for the petition are, under Virginia Code, reimbursed from the proceeds of the sale by... View More
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answered on Jun 10, 2024
If the alleged Easement is not in YOUR chain of title, then the adjoining owner probably does not have a ROW over you. A Prescriptive ROW may have occurred, or an implication may have created it. To be enforceable an Express Easement must be in the Servient Tenement's title, not the... View More
My contract promises the water and heating system but owners 6 months later still won’t install them or turn the water on.
answered on Jun 5, 2024
If your lease provides for water and a heating to be provided by your landlord and they refuse to install the system or water, it would be a clear breach of the lease and the landlord could be subject to damages. If you contact an attorney make sure you provide a copy of the executed Lease. Good... View More
I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.
answered on Jun 1, 2024
With the majority opinions of the US Supreme Court, despite the express wording of Section 506 of the Bankruptcy Code, the secured amount of any "perfected", i.e., validly filed, liens against a debtor's property will survive a bankruptcy discharge. The deficiencies, if any, of... View More
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.
answered on Apr 27, 2024
You might consider getting a lawyer to evaluate the whole set of facts. The easy answer is to refuse to sign, but that could be really stupid depending on other facts. Lay all the facts out for a lawyer in a consult. That will be much cheaper than triggering litigation.
If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More
answered on Apr 17, 2024
Your question is not clear as to what you are asking, so I am going to guess that you are asking if someone can devise (gift) real estate under a Will, when part of the real estate was subdivided with several parcels being conveyed out during the decedent' lifetime. The Will can effectively... View More
I live in Virginia. I just got a letter today from the city asking for me to donate over 1000 Sq ft of my property for a utilities easement. This section would cover the entire width of my front yard back 13ft from the road including my only access to my driveway (its a dead end) and a section of... View More
answered on Feb 22, 2024
By donating the property, the City will get use of that portion of your property for free. You may get a reduced property assessment from the loss or the shared use of the property, resulting in lower taxes, but the value of your property will also be reduced. If this portion of your property can... View More
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