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Virginia Real Estate Law Questions & Answers
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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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?
Dominic Paul Lascara
Dominic Paul Lascara
answered on Jun 11, 2024

To answer your question, an attorney would need to see both your Deed and subsequent deeds to the property along with the other parties' deed. The right to use someone else's property is generally considered an easement and that easement had to be created in a prior deed. IF the current... 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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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.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Jun 2, 2024

A creditor's attempt to collect on a debt that was discharged in bankruptcy by asserting a lien against property that was acquired after the bankruptcy would be a violation of the discharge injunction. The debtor can reopen the case and recover damages, possibly including punitives, and... View More

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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.

James L. Arrasmith
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answered on Jun 2, 2024

You may have grounds to sue a former creditor for placing a lien on your new house, especially since your Chapter 7 bankruptcy was discharged in 2012 and the lien is affecting your ability to refinance or sell your home. A discharge in bankruptcy typically eliminates your personal liability for... View More

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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.

Bernard S. Via III
Bernard S. Via III
answered on Jun 2, 2024

If a lein is on the real property records because of a prior judgment you cannot get rid of it unless you pay it off or file a Motion to avoid in bankruptcy Court to remove the lien that impairs your exemption. Often the lien does not attach because of Tenancy by entirety protections of a judgment... 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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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.

Ross Cameron Hart
Ross Cameron Hart
answered on Apr 28, 2024

Other counsel are correct - we don't have enough information and you should consult with a lawyer - take all your divorce papers with you to the consultation, especially any separation agreement you had and the final decree of divorce.

This forum is designed to give you a quick...
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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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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

Osama Khalil
Osama Khalil
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

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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

Anthony M. Avery
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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

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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

James H. Wilson Jr.
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James H. Wilson Jr.
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

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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.

Dominic Paul Lascara
Dominic Paul Lascara
answered on Feb 15, 2024

Keep in mind that in the State of Virginia the statute of limitations on the enforcement of the underlying Deed of Trust is 10 years from the maturity date (VA Code Section 8.01-241). If the Deed of Trust does not state the maturity date, the statute of limitations on the enforcement of the... View More

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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 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: 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

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