Virginia Real Estate Law Questions & Answers

Q: if an estate was not probated in 1955 and the executor is also deceased and you have 18 descendants who are living then

2 Answers | Asked in Real Estate Law for Virginia on
Answered on Nov 2, 2015

Normally a decedent's property is not transferred to his heirs until a court probate proceeding has been completed. You say the " estate was not probated in 1955". I assume it was never probated.

One way to avoid filing multiple probate cases would be for the executor's grand-daughter (who is presumably still alive and still paying taxes), and the other heirs, to bring an action to quiet title. She should see an attorney to see if this would be feasible or otherwise how to proceed.

Q: If a family member occupies but does not hold an ownership interest in a residential property, is this family member

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Oct 31, 2015

You are probably asking the wrong question here. Just one owner cannot sell the entire property without there being a title search done.

Q: yes, my point exactly, the person who originally asked the question wondered if only a subsection of a parcel could be..

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Oct 23, 2015

Mathematically, and especially with respect to the technicalities of surveying, I'm pretty sure it would be technically possible depending on the precise circumstances (and particularly depending upon what prior surveys exist and upon what monuments can be found).

Legally, in many places, some sort of governmental approval would be required before the parent parcel is subdivided, of course.

And, of course, an attorney would recommend that all pertinent prior surveys be...

Q: mathematically speaking it would be hard to define part of something without defining the whole wouldnt it?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Oct 22, 2015

I believe I answered your previous question. No, actually it might be possible to survey the parcel with reference to a known point, even if that known point is not in the parcel you are surveying. Thus I suggested you would need to talk to a surveyor, who might first start by locating previous surveys in the area.

Q: My nasty neighbors are putting their No Trespassing signs on MY land, aggressively (falsely) claiming it is theirs.

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Sep 12, 2015

It appears that when this goes to court the boundary will have to be re-surveyed. Keep in mind that, now that they are claiming the disputed portion to be theirs, you have a limited number of years (the adverse possession statute in your state) to bring them to court.

Q: I am purchasing a house from my mother it is accessed at @ $100,000. we have agreed on a price of $10,000. is legal ?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Sep 12, 2015

If it is assessed for property tax purpose to be worth $100,000, but you are buying it for only $10,000, it is still "legal"; however the IRS may treat the $90,000 as a gift, making your mom subject to gift tax liability.

Q: My neighbor and I bought landlocked 2 acre lots directly behind a road fronting house owner. The house owner granted us

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Aug 31, 2015

Go see a local real estate attorney about this. You need specifically tailored legal advice.

Q: I I bought a townhouse may I change or alter the facade of the front?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Aug 25, 2015

Hard to say without knowing a lot more. The CC&R and/or homeowner's association rules, as well as any application local zoning ordinances, would have to be reviewed (and a determination made as to whether permits are required). A local real estate lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your...

Q: How do i find out if a property has any judgements or liens against it (henrico county)?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Aug 4, 2015

Typically at a local county recorder's office. A local real estate lawyer can assist.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to...

Q: Does a HOA have any liability for hiring an individual who does not have a Contractor's license?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Apr 7, 2015

To be on the safe side, you should ensure that all contractors doing work on HOA property should be licensed and insured.

Q: I owner financed a home with the balloon payment due Dec. 31st the buyers are going to default how can I get my property

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Dec 29, 2014

That depends on how the original financing was handled, but you would likely be able to offer a voluntary surrender of the property to you.

Q: Is a court order required to remove part of my back fence (wooden/no gate) codes and compliance remove my belongings

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Dec 11, 2014

The law is clear under both the Virginia and US Constitution that that no person shall be deprived of his life, liberty, or property without due process of law. (See Article 1, Section 11 of the Virginia Constitution). Due process requires prior notice and an opportunity to be heard. Additionally, a common law action for trespass may be implicated.

Disclaimer: This information contained in this answer is not intended and does not constitute legal advice and is not intended to be a...

Q: I have a 50 foot access with a gravel road used daily for 50 years for ingress & egress. Can it be terminated?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Dec 10, 2014

To have a claim of right to this drive, you would have to show by clear and convincing evidence that for 20 years the road was used under a claim of right adverse to the woman and her predecessors in interest. Since she purchased in 1986, its possible that by directing that nobody grade or grave the driveway, she has accomplished a switcheroo, asserting ownership interest or at least in part adverse to yours for the last 20 years and possibly wiping out a prescriptive easement.

An...

Q: When purchasing a home, is the deposit check actually cashed before closing on the property as it is held in escrow?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Dec 10, 2014

Yes the deposit check is cashed and the money from that check is held in escrow until closing. If the closing agent merely held the deposit check, all but the drafter of the check would be unhappy if the check was then deposited and bounced at closing.

Disclaimer: This information contained in this answer is not intended and does not constitute legal advice and is not intended to be a substitute for legal counsel on any subject matter. You should engage a lawyer for legal advice.

Q: Im 50/50 owner of my moms townhouse I want to sell the other owner doesn't, he agreed to buy me out bt his loan r denie

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Dec 10, 2014

You should try to work something out with the 50% owner. However, if you can't work it out, you may petition the court to sell the property and divide the proceeds - this is called a partition action. It is governed by § Va. Code 8.01-81 which reads in pertinent part as follows:

Tenants in common, joint tenants, executors with the power to sell, and coparceners of real property, ..., shall be compellable to make partition and may compel partition, but in the case of an executor only...

Q: Is there a state law that states what is defined as a house

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Oct 27, 2014

I am not aware of a state law that defines house for all purposes. There may be definitions for specific purposes either in statutes or in the case law, but one would have to know what area of law is relevant.

Q: Is a home inspection required to sell a house in Virginia?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Oct 21, 2014

The bank lending money may require it, or the buyer may require it, but I am not aware of a law that requires it.

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