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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
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
More facts are required to answer this question accurately. Your question seems to touch on several different legal topics. First of all, a deed is effective upon delivery to the grantee. To preserve his or her rights against the rest of the world, the grantee should record the deed in the... View More
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
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answered on Apr 17, 2024
If the testator did not own the property deeded to you earlier, then it is not part of the testate estate and cannot be devised. Hire a VA attorney to search the title and ensure noone else is claiming your parcels. Also make sure you are paying taxes on your properties, under a correct address... View More
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
In short, if you were given certain parts of a property years ago but the owner now willed the entire property to someone else, including your parts, it means you technically own those parts, but someone else owns the whole property. You may need legal help to clarify your rights and possibly... View More
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
My mother’s dad passed away he left her to be the sole owner of all his property and personal possessions. Also half of the property (certain parcels) was deed to me in 2004. Well today we went there to remove my mother’s stepbrother and his wife and they threatened our lives and physical harm.... View More
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answered on Apr 16, 2024
I understand this is a very difficult and stressful situation. Unfortunately, removing people from a property, even if they are there illegally, can be a complicated legal process. Here are some steps you can take:
1. Consult with a lawyer who specializes in property law and estate matters.... 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
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?
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
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
Have scheduled a survey and one property owner is out of country for three years and not answering emails seeking permission. His fence, which may be located on my property, blocks surveyors from doing their work.
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answered on Aug 10, 2023
Usually licensed surveyors can go anywhere except some restricted areas to survey real property. That is what the license is for.
I am a home owner in an HOA community in Virginia. My next door neighbor is rehabilitating squirrels in his home and in his backyard. He has a permit and a license through the Department of Wildlife, yet our HOA regulations state: "No non-domesticated animals, unlicensed or undocumented... View More
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answered on May 17, 2023
I'm not licensed in your state but from my NY perspective, it's possible that a licensed wildlife rehabilitator might not be considered as having "raised, bred, or kept" the animals in the same sense as a pet owner would since the goal of rehabilitation is to return animals to... View More
I would like to know, I own 2.39 acre of lot in a R1 zone and would like to gift 1 acre to my family member by subdividing. What are the necessary requirements as an owner to do this? My HOA document does not permit any subdivision, but there is a provision to make it a new amendment, but the... View More
answered on Apr 19, 2023
There is no cookie-cutter answer to this type of question. You start with a title search and review of all controlling documents, including the HOA docs and local zoning, because they often don’t say what people say they say. From there, you start negotiating to get where you are trying to be.... View More
I bought my listed 5 bed 3 bath home in Jan 2021 . Everything has been great but had a plumbing issue and found after septic people came out and plumber that it has a 2 person max occupancy. It was never disclosed to me . Only reason it has come to light now is that we had the issue of water... View More
answered on Jul 31, 2022
I am sorry to hear what you just learned and the possible consequences. You might have a recourse against the seller, the seller's agent, your agent, or ask the title insurance underwriter for help. But, without a lawyer reviewing all the relevant documents who can then provide proper advice,... View More
Shouldn’t they have a shut off valve on their property? Since the property was recently sold or in process of shouldn’t this be remedied? Easement in question.
answered on Apr 21, 2022
The only way to get a competent answer to this is to review the deeds and the survey. If I assume that the water cut off is in the utility easement, then the utility has the permanent right to access that cut-off on your property within their easement as often as needed. The cost of changing that... View More
These issues have gone on for over 4 1/2 years. The police and the county are limited in what they can do to stop him. At this point, I know only the courts will be able to stop him. I have over 4 years of video proof to prove my claim. I have survey markers down that I paid to have done to show... View More
answered on Feb 23, 2022
Retain counsel to file suit for damages for trespass and to enjoin future trespasses, and have counsel send a no-trespass letter which will later support a criminal complaint for trespass. Don’t try doing this alone.
Greetings. We are trying to start a church and at present do not have enough funds to purchase land/property on which to worship. Are we able to open and operate a brewery for the purpose of raising these funds (and later supporting ourselves, to help alleviate the burden of donating from... View More
answered on Aug 24, 2021
hehe, Let me see if I get this. You want to open a tax-exempt Church of the Boozin' Bro's so you and the assembled spiritual can brew beer the way God intended it: tax-free. And, even though the Whiskey Rebellion started off this great nation right here in good ol' Virginny,... View More
My grandmother had a mobile home on property that my great grandmother purchased. My great grandmother passed without a will but my grandmother has since paid the taxes on the property up to date. My grandmother had 7 siblings and only 4 are left which are all on board with a quit to claim deed in... View More
answered on Feb 25, 2021
The lawyer you talked to is correct. The interests of children of your great-grandmother goes to THEIR children on their death. I suggest you get deeds for whatever shares you can, then approach the others for their shares. This can be very complicated and time consuming. And you absolutely need... View More
I currently have a situation where a single person owned several lots and the single owner of the lots developed an easement over all lots that he owned for access in lieu of the approved unconstructed access road.
To my understanding, easements give you the right to do something on... View More
answered on Feb 5, 2021
You need a decent title search and survey to evaluate these facts, but if you are asking whether a property owner can create recorded easements on his property before selling it, that is exactly what every developer does. You can't create an easement on someone else's property.
We are buying a property, and the owner had a verbal agreement to share the well and septic that are on the neighbors property. She has no problem sharing, but we are concerned what would happen if she sold her property.
answered on Sep 1, 2020
You don't say whether or not you've signed a contract to buy the property. If you have you may have a big problem.
Make sure that obtaining a written agreement is part of the contract - that is the most important part of your transaction.
And you need a lawyer. NOT a... View More
answered on Aug 11, 2020
We need more facts to answer. Was she the spouse at the time the house was acquired or was it premarital property? Since you refer to them as your mother and father, we might assume this was a traditional marriage, but that is far from certain. If they bought the house while married, And they were... View More
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