If it's a residential vacation home, then it's residential use (even if a business is the short-term tenant). Residential vs. Commercial is more about the zoning of the piece of land that determines whether the property maybe used for residential, commercial, or mixed-used. If you need... View More

Your question involves mortgage, real estate (deeds), and wills issues. You can certainly do any of the things you want, but to achieve your twin goals of leaving the house to your children and them being able to keep it by paying the mortgage may be achieved after you speak with a lawyer and... View More

It sounds like it might be time for a legal review of the transaction to determine if there was an easement implied. They don't appear to be tenants of their buyer, so it may be time to negotiate or to buy bottled water until they can tap into an artesian well below their property.

You have two alternatives. You can bring a small claims lawsuit for the excess/overage amount of rent in the General District Court of Lynchburg. You can also contact the Virginia Attorney General's Office and make a formal complaint.

You need a lawyer to read the contract NOW. It really does matter what it says and how you handle it. Many Virginia lawyers offer remote consults by Zoom, especially during the Covid-19 lockdown.

He needs to convey the house back to you, or you need to file a Petition for Sale in Lieu of Partition along with a claim for Contribution.

If it is yours, you can surely gift it. Either a quitclaim deed or a warranty deed will do the trick. I'd have to check, but the transaction may be tax-free, like a transfer between spouses. If not, there will be transfer and recordation taxes. The mortgage loan to a near certainty has a... View More

You aren’t providing enough information. If you hold the entire fee simple of any house, whether your parents are living there or not, you may sell it for fun or profit. If you don’t, you can’t. Consult counsel to review the title.

Maybe it is time to get divorced already?

First, you need a lawyer, not an internet advice board. This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it seems that you need a lot more... View More

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

Before the statute of limitations expires, he should issue a proper demand and then, if needed, file a lawsuit for contribution from the other co-owner. It's an easy lawsuit, and it expires when the statute of limitations expires. The payment of the debt does not change the percentage... View More

File what? Where? For what? After she has mishandled the trust in what way?

Obviously, your ability to describe your actual issue is severely impaired. But, the Internet is not a place to fix that. The things you are not telling us are not privileged and can come back to haunt you. Get a... View More

The person you describe may be considered an "occupant" but not legally a "tenant" under the laws of Virginia.

Context is everything. There's no way to know what “exterior surfaces” means and how that affects liability your current situation in this case without reviewing at least that entire section of the governing documents, if not the entirety of the governing documents. These documents can be... View More

Your question is a contract issue. There is no provision in the Virginia Code that addresses whether it is legal or illegal. The contract speaks for itself and the terms of the lease were agreed to in writing. A unilateral modification of the terms of the contract/lease is a breach of the... View More

There is no way to tell from your question. You don't specify whether the land is located in Virginia or some other state - 233,000 acres is huge for Virginia; more likely in a western state. The laws of each state are different.

That said, you would need a title search to determine... 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.

Have her draft a Will. Pay for her legal fee. Drive her there. Sit outside. Smile.

I don’t understand why you are embarrassed to tell your step-mother that her husband was your father when she already confirmed it, but a Will in your favor will be much stronger than an out-of-time claim... View More

It sounds as if you have all of the elements (parts) required to claim adverse possession, but in no way is this a do it yourself project - you need a lawyer.

This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations.... View More