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 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
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 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
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
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
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
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
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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.
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?
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.
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
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
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
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
It is being used as a full time residence.
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,... View More
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
answered on Aug 11, 2019
Appeal the court's decision and ask for a stay of the order to sell.
Hi,Is anyone know if is Ok to put grandma’s land to the estate to her granddaughter in Virginia?They did in PA before but they’re not sure if it’s also fine in VA.
answered on Aug 7, 2019
Your question could have a better chance of being picked up in the Probate or Estate Planning sections. You could try reposting with those areas added. Good luck
Tim Akpinar
Neighbor also has fence 14-18 ft on our property looking for virginia code that is survey stakes ann corner pins
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answered on May 3, 2019
You have a boundary line dispute. The longer you wait to file suit is the longer you acquiesce to the other's asserted boundary. Hire a competent attorney now to perform two title searches, possibly a surveyor or the boundary line only, and file and serve the suit. You will lose because of... View More
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