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Virginia Real Estate Law Questions & Answers
0 Answers | Asked in Business Formation and Real Estate Law for Virginia on
Q: Is a radius clause enforceable AFTER my commercial lease is terminated?

Our commercial lease says "Tenant nor any of its guarantor and not permitted to own or operate any business with similar use within a five mile radius of the Demised Premises during the term of the lease plus five years thereafter."

The LL snuck it in there and we missed it. When... View More

0 Answers | Asked in Family Law and Real Estate Law for Virginia on
Q: Divorce Real Estate Question

I am in Virginia. I am not on the deed to the house, but have lived in the house over 20 years. I have solely paid for major home improvements (new HVAC, electric system upgrade, new roof, etc). If I divorce, could I receive any type of compensation for the improvements I've made, even... View More

1 Answer | Asked in Real Estate Law and Probate for Virginia on
Q: Can I sell my wife’s home? She passed without a will and the house was solely in her name. Me and her 2 daughters heirs
John Michael Frick
John Michael Frick
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.

0 Answers | Asked in Personal Injury, Real Estate Law and Civil Litigation for Virginia on
Q: I did not have a lease yet to sue the property for damages. However, can I sue the property manager directly/personally?

She maliciously gave me a move-in date because I reported her unethical behavior to her supervisors. Not being able to move into my apartment for 10 days caused excessive moving expenses.

0 Answers | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: If I got a FHA loan with my father as a co-borrower who will be making the mortgage payments. Can I rent it from him?

I got a FHA loan for a condo with my father as the non-occupying co-borrower. He is the one who will be making the mortgage payments in full. A family friend who owns several properties advised I could turn around and rent it from my father for some tax benefits for him since he is the one... View More

3 Answers | Asked in Real Estate Law for Virginia on
Q: Two brothers co-own a property in VA. What is the law when Brother #1 wants to sell and Brother #2 is reluctant?

If Brother #2 does not want to buy out Brother #1, what rights does Brother #1 have if he wants to sell?

Richard Sternberg
Richard Sternberg
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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2 Answers | Asked in Real Estate Law for Virginia on
Q: Someone’s deed says they have the right to use my property. The deed has transferred 4-5 times. Do they?
Anthony M. Avery
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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

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: My commercial lease promised water and central heating and air in the building 6 months later owner refuses to install.

My contract promises the water and heating system but owners 6 months later still won’t install them or turn the water on.

Dominic Paul Lascara
Dominic Paul Lascara
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

4 Answers | Asked in Bankruptcy, Consumer Law, Personal Injury and Real Estate Law for Virginia on
Q: Can I sue a firmer creditor for a lien on my new house? Chapter 7 was discharged in 2012.I just bought this home in 2019

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.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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

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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.

Richard Sternberg
Richard Sternberg
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.

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4 Answers | Asked in Real Estate Law, Estate Planning, Land Use & Zoning and Probate for Virginia on
Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?

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

Dominic Paul Lascara
Dominic Paul Lascara
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

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Donation of property requested for easement

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

Dominic Paul Lascara
Dominic Paul Lascara
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

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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1 Answer | Asked in Real Estate Law and Construction Law for Virginia on
Q: We had a home inspector who missed numerous things costing $4K to fix - how do we get $ from ther failed inspection?

The old owner had a low-budget handyman install a new shower surround and floor pan. It was install very poorly with no support in the walls for the panel seams, no support for the floor pan, and a loose drain. It took about $4k to have the shower disassembled and walls re-studded to handle the... View More

Richard Sternberg
Richard Sternberg
answered on Feb 13, 2024

You need to review the contract with the home inspector very carefully. If you did not negotiate and modify the contract, it insulates the inspector from most if not all claims, and, when it doesn't insulate them, it limits damages to refunding your inspection fee. That will surely be. shock... View More

1 Answer | Asked in Real Estate Law and Probate for Virginia on
Q: How can we sell my mother's house when one of the coowners on the deed died before signing off on the deed?

My mother has moved to a senior living home and needs to sell her house. She is coowner (60%) along with 5 of her children. The sale cannot go forward since one of the children died last year and his will presumably naming his wife as executrix is hung up in probate court in the US Virgin... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Feb 8, 2024

With the issue of the one child's estate being hung up in probate in the Virgin Islands and not knowing the terms of the child's last will and testament, you only course of action may be to contact a local attorney where the property is located and file a suit for partition. The court... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Q: Can I break a commercial lease because management company did not disclose a critical information that affect my company

The land lord threaten to sue because our product branding can be seen through our windows, and that violates their advertizing rules.

Richard Sternberg
Richard Sternberg
answered on Jan 30, 2024

You need to start with a lease review. That should include all correspondence about the property, sales materials, and anything else that is relevant. There is no reliable answer without that.

1 Answer | Asked in Tax Law and Real Estate Law for Virginia on
Q: How to file for property tax exclusion/deferral in Pittsyvania county, Virginia due to 65+ & disabled (58.1-3217)
James L. Arrasmith
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answered on Jan 26, 2024

Here are the key steps to file for a property tax exclusion or deferral in Pittsylvania County, Virginia based on age 65+ or disabled status under §58.1-3217:

1. Obtain an Exemption/Deferral Application Form from the Pittsylvania County Commissioner of Revenue office (276-656-0371) or...
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1 Answer | Asked in Real Estate Law for Virginia on
Q: Does the 30 day notice have to be an official notice from court or can I write it up and get it notarized?
Richard Sternberg
Richard Sternberg
answered on Jan 5, 2024

Thirty-day notice of WHAT?

You need a lawyer, Sir.

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