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Virginia Land Use & Zoning Questions & Answers
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

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 Land Use & Zoning and Real Estate Law for Virginia on
Q: Can my neighbor rehabilitate squirrels in our HOA community?

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

Peter J. Weinman
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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

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Virginia on
Q: In Virginia do land surveyors have right of entry to adjoining properties without property owner permission?

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.

Anthony M. Avery
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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.

1 Answer | Asked in Family Law, Real Estate Law and Land Use & Zoning for Virginia on
Q: Title S 15.2-2244: Will I be able to gift my family member 1 acre of lot as gift/sale even HOA does not permit?

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

Richard Sternberg
Richard Sternberg
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

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Virginia on
Q: Bought a 5 bed 3 bath home a yr ago and found out now that it has a 2 persons max 1 bed perk

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

Shafeek Seddiq
Shafeek Seddiq
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

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Virginia on
Q: Neighbor next door has us constantly moving our vehicle to access water shut off in middle of our driveway.

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.

Richard Sternberg
Richard Sternberg
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

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Virginia on
Q: My neighbor continues to encroach on my property, destroy boundary fences, and harass me and my fiance.

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

Richard Sternberg
Richard Sternberg
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.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Can a church open a brewery to raise funds to purchase land?

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

Richard Sternberg
Richard Sternberg
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

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Are my grandmothers nieces and nephews entitled to land that was owned by my great grandmother but never deeded ?

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

Ross Cameron Hart
Ross Cameron Hart
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

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: In Virginia, can an owner of several lots develop a recorded easement that crosses over multiple the lots he owns?

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

Richard Sternberg
Richard Sternberg
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.

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Virginia on
Q: How do i go about getting a shared septic and well agreement in Va, that will transfer if the property is sold?

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.

Ross Cameron Hart
Ross Cameron Hart
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...
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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: My dad recently passed away. My mom’s name is not on the deed. As the spouse, does she have rights to the house?
Richard Sternberg
Richard Sternberg
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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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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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 Land Use & Zoning and Real Estate Law for Virginia on
Q: Hi My grandfather owned a tract of land in NOLA and he passed away in 1988. I am searching to find ownership now

My mother gave me a letter from 1988 stating a lawyer would contact her from NOLA and that never happened. I have no idea what happened to the tract of land. DO we still have any rights to the land?

Richard Sternberg
Richard Sternberg
answered on Feb 11, 2020

It’s unlikely, but it’s possible. The answer is learned by ordering a title search, and that will cost money.

Q: Without my notice, my grandfather’s Culpeper VA home was sold by forced partition sale. Do I have any recourse?

Recently I received an email from a paralegal asking if I’d recieved a check. A PDF was attached with a partition sale documents showing my final proceeds to be about 1.5% of my perceived value of the land that had been in my family for decades; after expenses. About 2 years ago my 2 sisters has... View More

Richard Sternberg
Richard Sternberg
answered on Jan 13, 2020

It is unlikely that you can reverse the process at this late stage, and it will be useful to understand why you ignored the issue so long. But, in many circumstances, Virginia law in partition rulings is not final for two years after the final order. That might help, but you need to start... View More

1 Answer | Asked in Real Estate Law, Animal / Dog Law and Land Use & Zoning for Virginia on
Q: Can I challenge the legality of Va. Code 18.2-136 "Right to Retrieve" in appellate court?

Owners of hunting dogs can access private property with or with out permission of the owner at any time. In fact, by code, a property owner can't deny access to private land under any circumstance.

I think the General Assembly has this wrong. How can I challenge this in court. Seems... View More

Richard Sternberg
Richard Sternberg
answered on Nov 26, 2019

One thing I love about law practice is that I keep learning new things 35 years after I started practice and about 29 years after I became a Virginia lawyer. Interesting Code section. A trip to a real library rather than the Internet version would get the history of the statute first enacted before... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Can my neighbor invite a friend to live on his property in an RV?

It is being used as a full time residence.

Ross Cameron Hart
Ross Cameron Hart
answered on Oct 2, 2019

Maybe, maybe not.

Two considerations: a) subdivision restrictions and b) zoning ordinances.

a) If you are in a subdivision with restrictions and covenants, there may be a prohibition in them. They will sometimes refer to it as 'temporary housing' or refer to campers,...
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1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Virginia on
Q: Family land since 1800’s in Surry Va. Want to stop unlawful sale.

What can we do to stop sell of land. Heirs do not want to sell our land but the court is trying to force. All taxes are paid every year and we have roughly 45 acres. Heirs never had a dispute but courts seems to think so. How can we stop a sale we never asked for

F. Paul Maloof
F. Paul Maloof
answered on Aug 11, 2019

Appeal the court's decision and ask for a stay of the order to sell.

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