Virginia Real Estate Law Questions & Answers

Q: My neighbor expanded their garden which now extends over the property line into my yard. Am I at risk when selling?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Aug 22, 2016

Down the line, there may be some serious clouds on your title to the land. Talk with a local Real Estate attorney to discuss what steps must be taken to clear it up.
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Q: My husband bought a house in Virginia. My name was not in the deed or anywhere for that matter. How does this affect me?

1 Answer | Asked in Real Estate Law and Family Law for Virginia on
Answered on Aug 1, 2016

Depending on the circumstances of the purchase and the type of funds used to purchase the house, you may have a claim to the house as marital property in the event of separation and divorce. If you have more specific questions, such as regarding taxes, credit, or rents, consider speaking with a local real estate attorney or accountant.
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Q: I wish to buy a property that has 6 names on the deed. If all six don't want to sign, can I buy an individual's share

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Jul 29, 2016

That would depend on how the property is being held. If there is a holdout, one of the interest holders can force a partition. Seek out a real estate attorney to help with your goals.
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Q: My 2 siblings and I inherited my father's real estate property, 2 of us want to sell the remaining sibling doesn't

1 Answer | Asked in Real Estate Law for Virginia on
Answered on May 17, 2016

That would depend the terms of the Will and the status of the estate. Seek out a local attorney to explain this process. You are looking for a Probate Attorney.
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Q: My HOA has put a legal hold on my bank account for the second time in 2 weeks. I cannot afford this action. Options

1 Answer | Asked in Real Estate Law for Virginia on
Answered on May 5, 2016

Consult a consumer protection attorney to discuss options. There are ways around such bank attachments.
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Q: Who technically is the owner of a piece of property, the title holder or the mortgage payee?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Apr 29, 2016

The answer is either; Both or the title holder. It actually depends on the facts of the situation. Mortgage payee may be entitled to some amount of money. Seek out local attorney.
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Q: My question concerns RC's, Right of Ways, and the legality of a Real Estate Closing without those items

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Apr 21, 2016

Before answering this question, any attorney would want to take a look at what this permanent injunction is and what it may mean for your case. I would recommend taking all your documents to a local Real Estate attorney.
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Q: WHAT ARE MY RIGHTS AS A LANDOWNER REGARDING DAMAGE DONE TO A TREE BY CAR HITTING IT LEAVING MY DRIVEWAY

1 Answer | Asked in Personal Injury and Real Estate Law for Virginia on
Answered on Apr 21, 2016

You may be able to recover the value of the tree and any other damage done to the property. Depending on the facts, there may be additional damages. Seek out a personal injury lawyer for an analysis of your case.
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Q: Good afternoon, I wonder if adding a name to a home deed positively affects mortgage payments?

1 Answer | Asked in Bankruptcy, Collections, Estate Planning, Family Law and Real Estate Law for Virginia on
Answered on Apr 21, 2016

I would be careful with adding your name to the deed. Any change in interest may spark the due on sale clause for the mortgage. Reach out to a local Estate Planning attorney to explore other avenues for alleviating the burden of the debt.
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Q: My question is about real estate investing in Virginia. Specifically loaning money for the purpose of flipping houses.

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Feb 6, 2016

1st - you should make the check payable to both. Assuming you failed to do so, what is the consequence? You would have to contend that making the check payable to only one was still compliant because the one was acting as an agent for the other as well. 2nd - hand delivery instead of mailing is not going to be considered a "material breach" as the party obviously received the money. The last question is not at all clear. It is advisable that a business or person retain records of loans...
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Q: I own my house. I married last year and did not put my husband's name on the deed. I now want to get some equity out.

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Feb 6, 2016

Yes. But if I am correct, there is more to your question. In the event that your current marriage ends by divorce how will the house be treated? The equity in your house at the time of your marriage will be considered your sole and separate property. Taking that equity out and using it will of course result in the loss of the sole and separate property, unless it remains separate and traceable. Marital money (money acquired during the course of the marriage) used to pay the mortgage will be...
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Q: Can a property listing be taken off the market, then put back on a few days later?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Feb 6, 2016

You are most likely referring to the Multiple Listing Service ("MLS"), which is a private organization with its own set of rules. For example the Central Virginia Regional Multiple Listing Service states that such conduct is prohibited. Section 5.26 Manipulation of Days on Market

Withdrawal and re-entry of a Listing as a marketing tool or in an attempt to alter or reset the days on

market information is prohibited.
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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.
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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.
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Q: Does Va require the seller of a REO property in a COA, HOA or POA to provide the applicable documents to a buyer?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Oct 30, 2015

What are the applicable documents?
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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...
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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.
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Q: When does a sale of real estate become an enforcabe contract; the date the sales contract is signed or the closing date.

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Oct 17, 2015

The date it is signed by both parties, usually.
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Q: We own some land in NC and want to sell a few acres. Does the whole property have to be surveyed or just that piece?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Oct 16, 2015

That is a question you should ask a surveyor.
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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.
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