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Virginia Real Estate Law Questions & Answers
0 Answers | Asked in Contracts and Real Estate Law for Virginia on
Q: What legal avenues do I have to get out of working with a contractor?

I hired a local contractor here in VA to mitigate a water leak problem, and to restore the area once complete, but now the contractor won't Cooperate with State farm in giving them the itemized costs of everything needed to do the mitigation, in order for them to pay for it! The contractor had... View More

0 Answers | Asked in Real Estate Law and Civil Litigation for Virginia on
Q: Hello, if a joint motion for dismissal of a lawsuit is made, who pay the attorney fees?

The plaintiff sued a large family (cousins) for a heir property. He wanted ownership and for the family to agree to give up their shares. After meeting in court, getting a Special Commissioner involved to sell the home and having miscommunication with his attorney, the cousin spoke to us. We agreed... View More

0 Answers | Asked in Real Estate Law and Public Benefits for Virginia on
Q: Who is responsible for the sewer line if it is beyond my property?

I live in Saltville, VA. city limits. I am connected to the city sewer. For the second time in less than 2 months, my sewer line is clogged. The problem is that where it is clogged is well over 40 foot beyond my property line. It actually ties into the city main line beyond the next 2... View More

0 Answers | Asked in Real Estate Law and Land Use & Zoning for Virginia on
Q: Can we have a right of way revoked?

We reside in West Virginia. Our driveway has a bridge that goes across it, and we own the bridge and are responsible for the up keep of it. Two neighbors down the road have right of ways across it from years ago where that entire road was family. They have access in and out of their... View More

0 Answers | Asked in Real Estate Law for Virginia on
Q: Information on removing someone from a property deed in Fairfax, VA county (Falls Church).

I added my husband to a condo deed after we got married, but due to the upcoming divorce we agreed that his name would be removed. The property and deed records are in Falls Church, VA (Fairfax Country). We currently live in Germany due to my husband's military orders and I can't do much... View More

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.

1 Answer | Asked in Real Estate Law for Virginia on
Q: A hunter has set up trail cameras to overlook our property. He has also set up a tree stand and watches me.

He texts me And describes what I am doing. He’s also videoed me and told people he did it. Do I have any recourse?

James L. Arrasmith
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answered on Jan 5, 2024

You have several options for recourse in this situation. The hunter's actions, particularly setting up cameras to overlook your property and describing your activities, could be considered an invasion of your privacy. Additionally, if he's texting you and describing your activities, it... View More

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Virginia on
Q: If there are two equal adjacent lots (A and B) to be developed into homes.

Lot A is owned by property owner #1 and Lot B is owned equally by property owner #1 and #2. If you build homes how should the development cost/profits from sales/shares work out?

Richard Sternberg
Richard Sternberg
answered on Jan 4, 2024

The short answer is "any way you want to." There are many choices. If you make no choices, the Uniform Partnership Act will make them for you, and you may not like its choices. Indeed, it won't be clear whether you have a partnership of the one property or of the two, and the one to... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Are condominiums with businesses on the lower floor commercial real estate or residential real estate in Virginia?

All of the building except the ground floor are single family own condominiums.

Richard Sternberg
Richard Sternberg
answered on Dec 12, 2023

Condos are, by definition, separate property from the building they are in. Some are commercial, while others are residential.

1 Answer | Asked in Estate Planning and Real Estate Law for Virginia on
Q: Who is responsible for writing the notarial blocks on real estate and estate planning documents?

I'm a mobile notary in Virginia and I'm certified to notarize real estate packages and living trust packages.

Why are so many notarial blocks in these documents written so that they are not compliant with Virginia notary law?

I also have specific examples of legal... View More

Nina Whitehurst
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answered on Dec 10, 2023

Many states have notarial affidavit requirements that are unique to that state. California is one notable example. Florida is another. And apparently Virginia has unique requirements as well.

At the same time, it is common for some entities in the real estate world, especially lenders,...
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1 Answer | Asked in Estate Planning and Real Estate Law for Virginia on
Q: In Virginia, is there a statue of limitations on a real estate contract developed by a deceased person

My mother established a real estate contract in 2/15/2023 signed by a lawyer, a real estate agent herself and the executor of the estate. She passed away 4/22/2023. The lawyer did not issue the deeds for the home or land to complete the contract. Is the contract still valid?

Dominic Paul Lascara
Dominic Paul Lascara
answered on Dec 11, 2023

Generally, the stature of limitations for all written contracts is five years. However, with respect to a real estate contract the expiration of the settlement date could result in a termination of that contract. You should also be aware that the obligations of the parties could inure to their... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Virginia on
Q: Do proceeds from real estate go into an estate account or directly to beneficiaries/next of kin?

My father died a year ago and we are still settling debt and selling property. There was no will. The estate is handled by an administrator. We sold a property and our closing lawyer says we get the proceeds and they do not go into the estate account. There are still debts to be settled. If we... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Dec 5, 2023

Unfortunately, I need more information to properly answer your questions. Was there a will? Is the estate being handled by an Executor or an Administrator? Does the fiduciary have power of sale over the real estate? Normally, if there are debts and claims owing by the estate, no probate assets... View More

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Landlord - Tenant for Virginia on
Q: Two bro own house . One lives in house, one at the lake Can lake bro come in home whenever no notice Can I trespass him.

Property was inherited from deceased parents. Older bro lives in house, gets his mail there and pays all house hold bills from home. The small bro lives elsewhere for years bu shows up and uses his childhoid key to come in house unannounced and uninvited. The last time he did this we called the... View More

Richard Sternberg
Richard Sternberg
answered on Dec 2, 2023

If one brother wishes exclusive use of the house, then he needs to buy the other brother’s half. Merely paying the bills doesn’t change that both brothers own it. Both brothers may use the undivided whole house. I know of no requirement for notice unless there is a lease in place giving... View More

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