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She recently modified the walkway, using same materials.
answered on Apr 29, 2020
I suspect this is one of those "pay me now, or pay me more later" moments. When you contracted for the walkway, you could easily and cheaply create an access easement. If you didn't do that expressly, you might have created an estoppel in fact by your actions or your emails. But,... View More 
Not too long ago, my roommate, girlfriend, and I were attacked on our front porch by a neighbor in which we do not know the name of or where they are in the neighborhood. We then filed assault and informed the landlord. Since then, this neighbor has stalked me constantly as I’ve noticed him when... View More
answered on Apr 29, 2020
Step one is a lease review, and a lay person review isn't the same as a lawyer review. But, if you are certain that you have no alternatives there, the next step is to negotiate a termination with the landlord. The fact that a third party unrelated to the landlord has threatened you is... View More
I grew up in the home in question and per our separation agreement I got sole rights to this property once divorce was final now 2 years later, I have since remodeled and out grew my home so do I need to consult with my ex husband to sell or is my signed document that’s notarized enough to sell... View More
answered on Apr 23, 2020
First, your question assumes that the home was in both of your names. If so, usually the Property Settlement Agreement (PSA) will say that one spouse to convey title to the other. If that has not happened, then your ex husband may still be on the deed and he may be needed to sign documents. So, I... View More
answered on Apr 21, 2020
You simply have a deed prepared, sign it and deliver it.
A good lawyer (only lawyers can write deeds for a fee - it's considered the practice of law) will draft it as a 'Deed of Gift' and recite the section of the code that exempts the deed from recording taxes.
A... View More
I have a buyer for my home, Due to no fault of my own I cannot purchase my condo because of covid and lenders put halt on funds. This sale is contingent on the successful sale, close and disbursement of funds for the property. I don't know what my rights are?
answered on Apr 18, 2020
This is a unique and unanticipated situation, and we are all struggling to determine the legal effects. The answer starts with reading your contract. There are no precedents that say: "If your sale is halted by Covid-19, the result is always ABC regardless of what your contract says."... View More
The home was purchased buy a company that buys renovated and sells. They renovated this one before I purchased it. As soon as I walked in I knew there was a problem because I could feel it in the floor. Bouncy and spongy. There is not enough support under the house. Do I have any recourse?
answered on Apr 10, 2020
It depends on your contract. Have it reviewed by someone local, and don't delay.
I live in a townhouse community.
And, my adjacent unit has a Harley Davidson. He constantly fire up his engine, racing in and out of the community.
My association's CC&R has a clause in Parking Rule, which states 'Noisy vehicles and the racing of engines are... View More
answered on Apr 9, 2020
Generally, the Bylaws and/or the Rules and Regulations of the HOA will define that term. You should ask for a copy of both, if you do not already have it, and review it carefully. There is not provision in the Virginia Code that defines that term.
There was noted water damage upon me moving in back in March 2019, the property management has done nothing about that, there was also an A/C leak in the basement last year and I had been emailing for follow up on the water damage repairs since last June. I have received no response until finally... View More
answered on Apr 7, 2020
Generally in Virginia, when there is visible mold in the Premises, the Tenant must call the Office of Housing Code Enforcement to make a Complaint and ask for an inspector to come to the Premises to visibly see the mold. Based on Governor Northam's recent order, I think that Office in all... View More
I sold my house in Pittsburgh pa in January. I am currently staying with my daughter in Virginia Beach VA, and planned to move here. Now, due to the corona virus stay in place order, I cannot contact my mover, haulers, donation centers, etc. also, I am 76 years old and concerned regarding traveling... View More
answered on Apr 4, 2020
Talk to your realtor or the closing attorney or title agent, and negotiate a resolution. Even though the Governor in Pennsylvania backed off a stay-at-home order, the buyer is going to have similar problems.
her three roomates have paid their rent each month but now the apartment is empty (3 roomates also left -entire town is deserted). I have recently read about the 'force majeure'. With all the death going on everywhere and in that town as well, is this such an event? The students are... View More
answered on Apr 1, 2020
The legal definition of "force majeure" is an unforeseeable circumstances that prevents someone from fulfilling a contract. Generally, a pandemic is not an unforeseeable circumstance since they have occurred many times in the past. Unless the residential lease provides that a pandemic is... View More
she rents a room inside my home. She got a written notice to pay within 5 days what she owes about a month ago.
answered on Mar 30, 2020
You cannot legally just change the locks, even if your lease was unwritten. You would need to make sure you go through the proper procedure to file an unlawful detainer action and evict her.
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My fiance and I have agreed to purchase a home in an unmarried status. My credit score was low so we decided to have the loan in his name. The home won't be available until June. How can I secure myself in the event of a breakup? We both put money in on the deposit. If he... View More
answered on Mar 28, 2020
I assume have have not closed on the house. If so, then part of preparing closing documents is a deed which is basically a title, a document showing ownership to the property. Make sure your name goes on this deed. A lawyer will be drafting this deed to transfer ownership from seller to purchaser.... View More
He was 3 months behind on lot rent & I was to pay 250 over to go towards his arrears $650 lot rent and 250 towards his arrears that will pay for trailer, for a cost of 2000. I was to move in and do repairs and start paying on the 1rst. And he was to just add me as a roommate in the trailer park... View More
answered on Mar 20, 2020
In Virginia, all tenants of residential housing have rights under the Virginia Residential Landlord Tenant Act, which was recently revised on July 1, 2019. Generally, a landlord must give written notice to a month-to-month tenant before going to court to seek an order of possession in order to... View More
The garage was in the spot for 20 ish years. Then it got taken down due to new construction and a fence was put in by the new owner.
answered on Mar 18, 2020
Adverse possession is one of the more complicated areas of real estate law. You need to consult a real estate litigation attorney 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... View More
The current bank has no record of the title. Dmv states that there is a lean against it. She has agreed that I have the trailer. Can I file for abandoned property
answered on Mar 12, 2020
In 35 years of practice, I've never seen this issue. Interesting. Plainly, you need to file some equivalent action to a Quiet Title action, and you'd probably name that a Complaint for Declaratory Judgment. But, I'd need to hit the library as to how to clear title to a residential... View More
I'm convinced that the limited common elements associated with each unit (in our case the patio is the area in question) belong to the Association while only the upkeep therefore is the responsibility of the unit owner. We have may unit owners that insist that they own the patio and do not... View More
answered on Mar 12, 2020
What you need is a legal review of your condo docs and titles. Other than reading them, there is no reliable way to know what they say.
issues. We knew that my credit score wasn't high enough to be on the loan and agreed to proceed. The loan will be in my fiance's name. If we break up prior to the completion of the home what are my rights as far as my share of the deposit.
answered on Mar 11, 2020
Your rights need to be defined in a contract. Otherwise, both of you will have the right to pay one of my brethren and sisters lots of money to resolve it in court.
My father was my grandfather's executor and my aunt and uncle were the administrators. My father passed away and I became his executor of estate and I am his only heir. Does his role as executor for his father's estate come to me? Or does it cancel him out and only the two administrators... View More
answered on Mar 3, 2020
There is a whole lot of information you didn't provide - and you're in a complex situation. Before you make any (more) mistakes consult an experienced probate lawyer for an overview of all estates and advice on how to handle them.
i was once on deed and have lived here for 20 years and removed my name due to divorce never had an agreement due to i had already paid my half, owner passed and family selling property, do i have any rights?
answered on Mar 2, 2020
A lawyer would need to read the deed, the divorce decree and settlement, and any other agreements related to the property in order to evaluate your situation. If you were merely a tenant by sufferance, your rights are quite limited in Virginia.
The financial conservator sent me a letter saying that since i paid for the funeral then as reinbursment of the estate that i could take the trailer. I dont want the trailer. It would cost way more to have it moved off the lot then what i paid for the funeral. if i dont sign her form, then what... View More
answered on Mar 2, 2020
Why don't you start with explaining that to the personal representative (PR), noting that you would like to be reimbursed for the funeral expenses, and the trailer won't accomplish that. If the PR is acting fairly and honestly, you will detect that immediately. If not, you might need to... View More
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