Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Virginia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Land Use & Zoning for Virginia on
Q: My neighbor continues to encroach on my property, destroy boundary fences, and harass me and my fiance.

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

Richard Sternberg
Richard Sternberg
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.

3 Answers | Asked in Real Estate Law for Virginia on
Q: Hello i have a property that i was buying threw a rent to own contract my name was added to the deed. then lady passed

The family is trying to sell it and can't because the lady added my name to the deed. do i have rights to the land and what should i do. The family wants me to sign my name off it. I refuse because I have money invested in the property. In the event of her Death and she has no will would that... View More

Shafeek Seddiq
Shafeek Seddiq
answered on Feb 20, 2022

It is confusing to understand the relationships without looking at the deed to show how you both owned the property, and the rent to buy contract to learn what these documents say. There are answers, but unfortunately, no easy ones. Take these documents to a real estate lawyer and or probate... View More

View More Answers

1 Answer | Asked in Real Estate Law and Probate for Virginia on
Q: My grandparents passed away intestate years ago in Virginia. My mom & uncle, the only children of my grandparents,

Decide to move together into the home left by my grandparents . The home had no mortgages & they split the bills & taxes evenly.Switching the deed of the home over was done easily at the courthouse where my grandparents names were removed and their children's were added in their... View More

Shafeek Seddiq
Shafeek Seddiq
answered on Feb 18, 2022

It all depends on the deed, it could go to your mom by right of survivorship, or after probate, either you mom buys out the heir(s) of your uncle or sells/partition. However, the best option is to take the recorded deed to the probate, estate, real estate lawyer nearest your mom to review and... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: I an a general manager of hotel. There is a guest/tenant, that had posted a no trespass on his door stating violators

Wi be executed. I already have a protective order against him due to his threats towards me, and him assaulting my maintenance man. Is that legal here in VA to put up such a sign?

Richard Sternberg
Richard Sternberg
answered on Feb 12, 2022

Sounds like the crime of Threats, but I don’t cover much Virginia criminal code. You might just call the police. But, if we’re talking about civil law, we’d need to review your hotel contract. After Las Vegas, it’s very unlikely that you have no right to enter your hotel rooms after... View More

1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Virginia on
Q: How do I remove an unlawful detainer/eviction from my public record, after it has been marked "satisfied?"

The unlawful detainer/eviction is a little over 7 years old. And the case was deemed satisfied in 2018.

F. Paul Maloof
F. Paul Maloof
answered on Feb 3, 2022

You can make a claim under the Fair Credit Reporting Act. Negative information must be removed from your file after seven years.

1 Answer | Asked in Real Estate Law for Virginia on
Q: If a landlord of an office building doesn't keep up the maintenance (elevator and leaky roof) can I get out of my lease.

I am losing clients=$ because of this. There are 1.5 years left on the agreement. I am not sure I can afford to stay. Any chance I can recoup any of the lost revenue?

Richard Sternberg
Richard Sternberg
answered on Feb 2, 2022

In a commercial lease (and, to a lesser extent, in a residential lease) the answer starts with a lease review. Without reading the responsibilities of the landlord and the tenant memorialized in the lease, there is no possible accurate answer. Contrary to popular belief, commercial leases are not... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Hello, My friend’s husband unexpectedly passed away 3 months ago. He and his mom were co-tenants on a mortgage for

an apartment where my friend lived with her husband. Now that the husband is gone, the mother is insisting that the apartment belongs to her, and is not even considering sharing any of the money from the sale. There was a will but it was not properly signed. Does my friend have any right to this... View More

Richard Sternberg
Richard Sternberg
answered on Jan 27, 2022

First of all, who is on the mortgage loan or the deed of trust isn't relevant. The incomplete and unsigned will is probably irrelevant, though Virginia has some holographic will law that might apply. What generally matters is the deed. If the deed was joint tenants with right of survivorship... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Can 1 unit in a self managed condo (top-bottom) have exclusive rights to backyard w/out having plat or doc notarized?

Bought a “self managed condo”. 2nd unit claims ownership of yard. Plat is certified by engineer but not recorded by city.

Richard Sternberg
Richard Sternberg
answered on Jan 7, 2022

The plat is merely a resource. Review the deeds or get a lawyer to help.

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Federal Crimes for Virginia on
Q: VA Intestate Probate, on day of death, Spouse moved all money out of decedent's businesses he did not own any of

Spouse had wife own businesses while she was alive because he had "no credit", got huge loans in her name as guarantor, sometimes under false assertions about losses (SBA EIDL), acted as manager in member-managed LLC without being a manager or member, after 23 years of marriage used... View More

Richard Sternberg
Richard Sternberg
answered on Dec 14, 2021

Your description requires a series of follow-up questions, but other than the car registration, I don't see anything that is likely to excite a prosecutor. There may well be a question of undue influence or competence at the time she signed everything over to him, but you will likely need to... View More

1 Answer | Asked in Construction Law and Real Estate Law for Virginia on
Q: A faulty mechanics lien was put on our house. We had an addition put in over 10 yrs ago. The contractor never finished.

After 60 days we wrote the contractor to fire him so we could get another contractor to finish the project. Found out the first contractor was not a certified contractor. First contractor put a mechanics lien on our home, stating we owed him $2,000 for a cement patio. This patio under the contract... View More

Steven Krieger
Steven Krieger
answered on Nov 22, 2021

You have to file an action to clear the title in Circuit Court. Of course, you could send a letter or have an attorney send a letter to the contractor explaining that if he doesn't remove the lien, you're going to ask the court to award you attorney's fees for the effort and filing.... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Virginia on
Q: This man rented a home to me without lease, doesn't even have a license to rent, Plus Deed not in his name.

We have 20 months of receipts.

Richard Sternberg
Richard Sternberg
answered on Nov 16, 2021

I think you need a lawyer to review the situation, but the law requires leases to be in writing. Sometimes, things that don't look like a lease, such as an exchange of written emails or even texts followed by written checks might be a writing. And, if no problem ever arises, then it... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Legally, can a HOA have DRC guidelines prohibiting homeowners from taking down trees they believe diseased and a threat?

In our case, we felt certain trees were diseased and a threat to our home and took them down. Although the DRC rule does state that diseased and dead trees can be cut down without prior approval, they fined us anyway because they said the trees were alive (the DRC had no published definition of... View More

Thomas H. Roberts
Thomas H. Roberts
answered on Oct 29, 2021

You may want to look at the Virginia Code - including https://law.lis.virginia.gov/vacode/title55.1/chapter18/section55.1-1819/ which governs the administration of home owner's associations. But be careful, the fine is much less than litigation costs where the looser pay not only their own... View More

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: I just realized that I put the wrong year on a signed lease. Is the lease voided. What are the terms for the lease?

Tenants signed the lease and have been living in the rental for 3 months. What's my recourse?

Thomas H. Roberts
Thomas H. Roberts
answered on Oct 29, 2021

Not really a big deal --- where it is clear that both parties meant and understood the correct year, the court will enforce the lease with the corrected year --- The correction of a scrivener's error is a court-sanctioned action reforming a contract or other document. We note, however, that a... View More

1 Answer | Asked in Business Law, Civil Litigation, Divorce and Real Estate Law for Virginia on
Q: What information does an attorney have the ability to find out about someone from their office?
F. Paul Maloof
F. Paul Maloof
answered on Oct 26, 2021

This question sounds like a personnel matter. I do not handle personnel matters. Sorry.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Real estate contract with home inspection contingency addendum, but "for information purposes only"

I have a real estate contract where a buyer submitted an offer to buy my rental property. There is a home inspection contingency addendum, but the offer was written as "for information purposes only". Upon performing the inspection, there are some minor repairs required, and the buyers... View More

Richard Sternberg
Richard Sternberg
answered on Sep 13, 2021

It depends on what the clause says, doesn’t it? If the clause gave all the possible rights to walk away but the words “for information only” were added, we might say the information was to inform the walking away. If the walking away was eliminated, perhaps the default clause is in effect and... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Lunsford v. King 132 Ga. App. 749 (1974) 209 S.E.2d 27 I do not understand the case, please help.

I am trying to brief this case, but I do not understand it. I feel like I am not reading English.

Richard Sternberg
Richard Sternberg
answered on Sep 6, 2021

So, you would like us to do your preparation for you? That will surely make you a valuable addition to someone's legal team some day ... if your professors or the bar don't catch up with you first.

Okay, I'm going to help, but not by giving you the answer. The case is short,...
View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: what does the case means?

I do not understand the case. I have read it plenty of times. Please explain

Richard Sternberg
Richard Sternberg
answered on Sep 5, 2021

Your question makes no sense: What case? In any event, this is what lawyers train to do. Retain one for a consult to review the case. An hour consult is not as daunting as a full retainer for litigation. Understand the decisions you are trying to make.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Virginia on
Q: My Mother in law willed her home to all 6 of her children. Her eldest son died having only a wife no children. His wife

Just died in the middle of the sale of the home. My mother in laws will states that if any of her children that do not have children their part goes back to the other children. Can my sister in law will her part of inherited land that was willed to her husband from his mother to her sister or does... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 27, 2021

The exact timing matters and the exact wording of the will matters too. There is not enough information here to answer your question. You should schedule a consultation with a probate attorney.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Can a church open a brewery to raise funds to purchase land?

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

Richard Sternberg
Richard Sternberg
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

1 Answer | Asked in Real Estate Law for Virginia on
Q: My sister is trying to sell her houses in PR. She hasn't stay in the house for almost 10 years and the houses was empty.

What are the % that she has to paid in taxes? They are asking 12 to 15% that sound a little bit too much to me. Apparently they asking this much because the house was empty and she never rented out.

Richard Sternberg
Richard Sternberg
answered on Aug 23, 2021

You need to consult with a real estate lawyer in PR. They will know or be able to check the tax rates and the exceptions. Asking in another state is a waste of time.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.