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Virginia Real Estate Law Questions & Answers
3 Answers | Asked in Real Estate Law, Agricultural Law, Land Use & Zoning and Landlord - Tenant for Virginia on
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... View More

Richard Sternberg
Richard Sternberg
answered on May 13, 2020

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... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: My grandmother's will left property to her 2 children. There was a large mortgage on the property. My son paid it off.

My son is now joint owner with uncle. Since my son paid off the debt to keep it from being lost 90,000 dollars does he have any legal rights outside of just being owner.

Richard Sternberg
Richard Sternberg
answered on May 12, 2020

Before the statute of limitations expires, he should issue a proper demand and then, if needed, file a lawsuit for contribution from the other co-owner. It's an easy lawsuit, and it expires when the statute of limitations expires. The payment of the debt does not change the percentage... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: Can a person who does not pay rent at a house be considered a tenant simply because they receive mail?
F. Paul Maloof
F. Paul Maloof
answered on May 11, 2020

The person you describe may be considered an "occupant" but not legally a "tenant" under the laws of Virginia.

1 Answer | Asked in Real Estate Law and Probate for Virginia on
Q: My wife is the trustee of her mother's estate. Can beneficiaries file against assets she and I hold jointly?
Richard Sternberg
Richard Sternberg
answered on May 11, 2020

File what? Where? For what? After she has mishandled the trust in what way?

Obviously, your ability to describe your actual issue is severely impaired. But, the Internet is not a place to fix that. The things you are not telling us are not privileged and can come back to haunt you. Get a...
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1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Is my HOA responsible for the exterior of my home.

In Article IV section 2 B number 4 it states:

the board will provide for the repair, maintenance, and replacement of gutters and downspouts and exterior building surfaces.

However, they have met with a lawyer and have said they do not cover the replacement of :

siding... View More

Elizabeth Crego
Elizabeth Crego
answered on May 7, 2020

Context is everything. There's no way to know what “exterior surfaces” means and how that affects liability your current situation in this case without reviewing at least that entire section of the governing documents, if not the entirety of the governing documents. These documents can be... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Virginia on
Q: What is allotment of dower mean?

There's 233,000 Acrea of land owned by family name.The farm has been owned and manned by my family for over 100 years .(with whom I've never met and by blood I am related)Is there any rights I have to this farm?

Ross Cameron Hart
Ross Cameron Hart
answered on May 5, 2020

There is no way to tell from your question. You don't specify whether the land is located in Virginia or some other state - 233,000 acres is huge for Virginia; more likely in a western state. The laws of each state are different.

That said, you would need a title search to determine...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Can an apartment complex raise the price after application when you were given an official quote that you signed for?

I got a quote on rent from an apartment complex, also showing everything included (including cable and internet). I paid the reservation deposit, complied with every step of the application process immediately. Quote said guaranteed through 5/3, I had put the full deposit down by 5/2. Now they gave... View More

F. Paul Maloof
F. Paul Maloof
answered on May 5, 2020

Your question is a contract issue. There is no provision in the Virginia Code that addresses whether it is legal or illegal. The contract speaks for itself and the terms of the lease were agreed to in writing. A unilateral modification of the terms of the contract/lease is a breach of the... View More

2 Answers | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Virginia on
Q: As one remainderman of my moms life estate (my brother is the other) can I build a house on the property if all agree?

My grandparents left the house and 50 acres to my mom as owner of the life estate. My brother and I will inherit the house and 50 acres after her death to be split evenly (we have already agreed my brother gets the house + 20 acres and I get the remaining 30 acres). Am I able to build a house now... View More

Nina Whitehurst
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answered on May 2, 2020

If everyone agrees yes. But you do need to check building and zoning codes. You might be prevented from building a house without a legal subdivision. Or not. It is something to be verified.

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1 Answer | Asked in Real Estate Law for Virginia on
Q: how much is adverse possession case?

My family has owned a 1/2 acre property with well, septic, trailer on it for 50 years. Someone bought the 1/2 acre in front of me & their surgery now claims my developed part is theres. No house has been on their property for almost 20 years & they had a well before too. We’ve paid taxes... View More

Ross Cameron Hart
Ross Cameron Hart
answered on May 1, 2020

It sounds as if you have all of the elements (parts) required to claim adverse possession, but in no way is this a do it yourself project - you need a lawyer.

This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations....
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1 Answer | Asked in Real Estate Law for Virginia on
Q: Good morning, I was wondering if I would have any claim to property in West Virginia if my dad's wife passed away?

Weird situation as I am 39 and just found out that a man that I have known as my godfather whom I've spoken with my whole life was actually my biological father. I'm named after him as well. I found out from my DNA linking in ancestry.com to people with his last name. He passed away 2... View More

Richard Sternberg
Richard Sternberg
answered on May 1, 2020

Have her draft a Will. Pay for her legal fee. Drive her there. Sit outside. Smile.

I don’t understand why you are embarrassed to tell your step-mother that her husband was your father when she already confirmed it, but a Will in your favor will be much stronger than an out-of-time claim...
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1 Answer | Asked in Real Estate Law for Virginia on
Q: My neighbor and I put in (contracted) a walkway between our houses, mostly on her property. Can she now refuse me acces

She recently modified the walkway, using same materials.

Richard Sternberg
Richard Sternberg
answered on Apr 29, 2020

I suspect this is one of those "pay me now, or pay me more later" moments. When you contracted for the walkway, you could easily and cheaply create an access easement. If you didn't do that expressly, you might have created an estoppel in fact by your actions or your emails. But,... View More

1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Virginia on
Q: Breaking Lease Early due to assault

Not too long ago, my roommate, girlfriend, and I were attacked on our front porch by a neighbor in which we do not know the name of or where they are in the neighborhood. We then filed assault and informed the landlord. Since then, this neighbor has stalked me constantly as I’ve noticed him when... View More

Richard Sternberg
Richard Sternberg
answered on Apr 29, 2020

Step one is a lease review, and a lay person review isn't the same as a lawyer review. But, if you are certain that you have no alternatives there, the next step is to negotiate a termination with the landlord. The fact that a third party unrelated to the landlord has threatened you is... View More

1 Answer | Asked in Divorce and Real Estate Law for Virginia on
Q: Divorced and ready to sell home have agreement that it is ex wife’s property and ex has no claims to it is that enough?

I grew up in the home in question and per our separation agreement I got sole rights to this property once divorce was final now 2 years later, I have since remodeled and out grew my home so do I need to consult with my ex husband to sell or is my signed document that’s notarized enough to sell... View More

Shafeek Seddiq
Shafeek Seddiq
answered on Apr 23, 2020

First, your question assumes that the home was in both of your names. If so, usually the Property Settlement Agreement (PSA) will say that one spouse to convey title to the other. If that has not happened, then your ex husband may still be on the deed and he may be needed to sign documents. So, I... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: How does one gift real property in VA? Via quit claim deed?
Ross Cameron Hart
Ross Cameron Hart
answered on Apr 21, 2020

You simply have a deed prepared, sign it and deliver it.

A good lawyer (only lawyers can write deeds for a fee - it's considered the practice of law) will draft it as a 'Deed of Gift' and recite the section of the code that exempts the deed from recording taxes.

A...
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1 Answer | Asked in Real Estate Law for Virginia on
Q: buyer for my home, buying a condo, lender called my loan suspended due to covid, can buyers sue me if I can't move

I have a buyer for my home, Due to no fault of my own I cannot purchase my condo because of covid and lenders put halt on funds. This sale is contingent on the successful sale, close and disbursement of funds for the property. I don't know what my rights are?

Richard Sternberg
Richard Sternberg
answered on Apr 18, 2020

This is a unique and unanticipated situation, and we are all struggling to determine the legal effects. The answer starts with reading your contract. There are no precedents that say: "If your sale is halted by Covid-19, the result is always ABC regardless of what your contract says."... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Bought a home that was renovated sight unseen due to being military. Day I walk in found a foundation issue $45k to fix.

The home was purchased buy a company that buys renovated and sells. They renovated this one before I purchased it. As soon as I walked in I knew there was a problem because I could feel it in the floor. Bouncy and spongy. There is not enough support under the house. Do I have any recourse?

Richard Sternberg
Richard Sternberg
answered on Apr 10, 2020

It depends on your contract. Have it reviewed by someone local, and don't delay.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Loud exhaust noise from motorcycles in HOA (Townhouse) community

I live in a townhouse community.

And, my adjacent unit has a Harley Davidson. He constantly fire up his engine, racing in and out of the community.

My association's CC&R has a clause in Parking Rule, which states 'Noisy vehicles and the racing of engines are... View More

F. Paul Maloof
F. Paul Maloof
answered on Apr 9, 2020

Generally, the Bylaws and/or the Rules and Regulations of the HOA will define that term. You should ask for a copy of both, if you do not already have it, and review it carefully. There is not provision in the Virginia Code that defines that term.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: I am trying to break my lease, there has been mold found due to lack of response to water damage. what do I do?

There was noted water damage upon me moving in back in March 2019, the property management has done nothing about that, there was also an A/C leak in the basement last year and I had been emailing for follow up on the water damage repairs since last June. I have received no response until finally... View More

F. Paul Maloof
F. Paul Maloof
answered on Apr 7, 2020

Generally in Virginia, when there is visible mold in the Premises, the Tenant must call the Office of Housing Code Enforcement to make a Complaint and ask for an inspector to come to the Premises to visibly see the mold. Based on Governor Northam's recent order, I think that Office in all... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Can I postpone my house sale closing on April 17.

I sold my house in Pittsburgh pa in January. I am currently staying with my daughter in Virginia Beach VA, and planned to move here. Now, due to the corona virus stay in place order, I cannot contact my mover, haulers, donation centers, etc. also, I am 76 years old and concerned regarding traveling... View More

Richard Sternberg
Richard Sternberg
answered on Apr 4, 2020

Talk to your realtor or the closing attorney or title agent, and negotiate a resolution. Even though the Governor in Pennsylvania backed off a stay-at-home order, the buyer is going to have similar problems.

3 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Q: Dear Esq: my daughter had to leave her off campus apartment after COVID19 cancelled everything. She and

her three roomates have paid their rent each month but now the apartment is empty (3 roomates also left -entire town is deserted). I have recently read about the 'force majeure'. With all the death going on everywhere and in that town as well, is this such an event? The students are... View More

F. Paul Maloof
F. Paul Maloof
answered on Apr 1, 2020

The legal definition of "force majeure" is an unforeseeable circumstances that prevents someone from fulfilling a contract. Generally, a pandemic is not an unforeseeable circumstance since they have occurred many times in the past. Unless the residential lease provides that a pandemic is... View More

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