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I own a 1.8-acre parcel adjacent to an 8.2-acre parcel, which had an erroneous deed of sale filed by its previous owner. The original deed granted access to a cabin for two people, including myself, to the 8.2-acre parcel. However, a subsequent deed incorrectly changed this access to only the 1.8... View More 
answered on May 7, 2025
If there is really no dispute among any of the current title owners of both parcels, it might merely be a matter of filing a corrective deed and trying to talk the registrar out of taxing the transaction. If the lack of a dispute is mostly from your perspective, then it is litigation. Either way,... View More
I bought a home "as-is" about 5 months ago. Before purchasing, I asked the real estate company if there were any septic system problems, and they claimed there were none. However, I've learned from a neighbor that the real estate company was informed of septic issues before the sale.... View More
answered on Apr 26, 2025
The law on this is complex and not helpful to you.
First, Real estate agents (the 'company' in your question) only know what the actual seller/former owner tell them. Unfortunately, sellers either don't tell or lie to their agents about the property. If the seller,... View More
I share ownership of a property with a relative. I live in one house while the relative, who is a part-owner, lives in another house on the same property. There is no written agreement between us regarding maintenance responsibilities. Currently, there is an issue with sanitation being allowed to... View More
answered on Apr 19, 2025
While actual responsibility may depend on the words on the title and the agreements between the co-owners, as to anyone outside the co-owners, it is very likely that every owner is jointly and severally liable for any illegal and unhealthy emission from your property. Further, it is reasonable to... View More
My HOA has not held a membership meeting or election in over 10 years, despite numerous requests from members. The board met with the president in November 2024 and decided to double our dues without holding a membership meeting. In April 2025, the president said he would talk to the board about... View More
answered on Apr 10, 2025
The case law -- as you seem to appreciate already -- favors corporate democracy in governance. Courts are loathe to substitute their judgment for that of a duly elected condo board operating within its rules of governance and not violating law as to protected classes. So, your first step is to... View More
I am tracing a judgment from 2008 that appeared on a title search related to Chase Bank, filed in Augusta County, Virginia. We want to know the particulars of this judgment. The JDL number is 080001170. The lawyers who handled the case have gone out of business. I haven't checked public... View More
answered on Mar 24, 2025
You may be able to get the information directly from the Clerk of the Circuit Court of Augusta County, but you will probably have to go there directly or have a title examiner in that area research it for you. If the judgement was docketed in the Circuit Court it will attach to any real property... View More
I am tracing a judgment from 2008 that appeared on a title search related to Chase Bank, filed in Augusta County, Virginia. We want to know the particulars of this judgment. The JDL number is 080001170. The lawyers who handled the case have gone out of business. I haven't checked public... View More
answered on Mar 24, 2025
You know who holds the lien -- Chase Bank. So, contact them. You might want a lawyer to do that, because, if it is an old lien, it might be invalid or arguably so, and you might be able to negotiate it down using a lawyer, especially with all the interest and penalties that likely apply.
I own a fully paid-off property in Henrico, VA, purchased with cash and confirmed to have no liens through a thorough title search and title insurance. I want to transfer this property to a revocable living trust I recently established to avoid probate. Could you advise on whether a Quitclaim deed... View More
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answered on Mar 14, 2025
Hire a VA attorney to draft that Deed. It must go to the Trustee with specific language so that he can convey the property later without question. Your Trust needs to be examined for enforceability, but probably does not exist until corpus is conveyed to the Trustee. QCD or WD is irrelevant... View More
I want to remove my name from the house deed, which is currently owned jointly with my husband. We have a mortgage of about $200,000. I need to remove my name to qualify for medical benefits, and we're considering transferring my share of ownership entirely to my husband. Currently, I am... View More
answered on Mar 7, 2025
Before you do this, I suggest you consult with a Virginia lawyer familiar with Elder Care law. If the medical benefits you need are Medicaid, I do not believe your title in the house counts as part of your assets. If someone is asking you to surrender your half of title in a Falls Church home so... View More
I want to remove my name from the house deed, which is currently owned jointly with my husband. We have a mortgage of about $200,000. I need to remove my name to qualify for medical benefits, and we're considering transferring my share of ownership entirely to my husband. Currently, I am... View More
answered on Mar 7, 2025
Mr. Sternberg is correct - you need to consult an Elder Law attorney before you do something foolish. To find one, you can go to the Virginia Academy of Elder Law Attorneys (VAELA) website - www.vaela.org - and find several near you. The system indicates that you're in Northern Virginia -... View More
I need guidance on quieting title and transferring a deceased husband's property to his family, who are the co-heirs. The widow inherited the husband's share and died intestate with no living offspring known. Her only offspring predeceased her, and it's unknown if there were any... View More
answered on Mar 1, 2025
You need to map out the family tree of the wife carefully, so you need a consult with a lawyer and, possibly, a genealogical expert. Unless some estate planning was done, it seems unlikely anything goes to husband’s descendants, but you might get a fee for acting as Administrator if you can qualify.
I need guidance on quieting title and transferring a deceased husband's property to his family, who are the co-heirs. The widow inherited the husband's share and died intestate with no living offspring known. Her only offspring predeceased her, and it's unknown if there were any... View More
answered on Mar 3, 2025
This is a difficult question to answer without more information. If the widow inherited 100% ownership in the property, only her blood line will matter. When someone dies in Virginia, without a will, owning real estate, Virginia Code section 64.2-200 govern the course of descent. I have attached... View More
Do my roommates and I have grounds to sue our property management company for negligence in Richmond, VA? The company neglected multiple maintenance requests, including a storm drain leak that led to our basement flooding. Despite notifying them immediately, they delayed repairs, allowing the leak... View More
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answered on Feb 27, 2025
Suing is an option available to you if you can establish negligence or breach of contract, but there are other options as well - including filing insurance claims with either your renters’ insurance or the complex’s insurance carrier. I would recommend consulting with an attorney about the best... View More
I am listed on the deed of a cottage property owned by my mother in Virginia. My name was added when I was a child in 1970. I want to remove my name from the deed without receiving any monetary compensation. I haven't discussed this with my mother yet, and I'm unsure about any mortgage or... View More
answered on Feb 19, 2025
This process is not difficult. You should understand that you are not removing your name from the title to the property, but conveying your interest to the desired party. Without any consideration, you would be executing a Deed of Gift that is exempt from recording fees. If your mother is the... View More
I have permission from my neighbor to use a portion of their land for recreational purposes, which was agreed upon verbally by both the previous and current owners since December 16, 2020. We currently have an easement for our well located on that 2/10ths of an acre section, which is part of our... View More
answered on Feb 17, 2025
To be enforceable, it must be in writing and signed by the grantor. To be useful in the event of a sale of the property. it should be recorded properly. To be unambiguous, it's not a bad idea to have the easement surveyed so it is described accurately in terms that won't change when a... View More
I live in Virginia, and this past November, the owner of the property behind my house hired a man to cut some trees. I suspect the man was acting as a handyman rather than a business owner. One of the sections of a tree, about 12 feet long, rolled down the hill and hit my shed, causing $2,500 in... View More
answered on Feb 17, 2025
You can sue both, but you lack privity with the contractor, and while privity should not be required in a tort suit, it might be successfully asserted as a defense. Your clearer claim is against your neighbor for negligence and trespass, but he may seek to defend by joining or confusing the issue... View More
I live in Virginia, and this past November, the owner of the property behind my house hired a man to cut some trees. I suspect the man was acting as a handyman rather than a business owner. One of the sections of a tree, about 12 feet long, rolled down the hill and hit my shed, causing $2,500 in... View More
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answered on Feb 17, 2025
Your insurance company has likely assigned your claim to a subrogation adjuster or attorney to try to collect their costs & your deductible from the responsible party. The first thing I would do is reach out to your carrier to find out the status of the subrogation process as it can take many... View More
My mother set up a gift deed in my name for her house before she passed away. My brother is named as the executor of her estate. We do not get along well. I want to know if there is any way he could change the deed or take the house away from me after her death, even though the gift deed was made... View More
answered on Feb 17, 2025
If the Deed was duly recorded and your mother had the requisite mental acuity to execute the Deed, you should be fine. However, it would help to know the exact type of Deed that was recorded and when it was recorded. For instance, if it was a Revocable of Death Deed and did not get recorded prior... View More
I am looking to purchase a home with a family member, however we are looking to split the total purchase cost where they are paying their half up front and I am getting a mortgage. We both will be on the title, but I would be the sole holder of the mortgage. From the IRS' perspective, is their... View More
answered on Feb 12, 2025
Based on the details provided, this situation would not be considered a gift. The other family member is paying for their half of the property upfront, and you are using debt to pay for your half. There is no transfer of assets between you and the other family member. Your ongoing mortgage payments... View More
answered on Feb 11, 2025
Mr. Sternberg is correct - you have three choices: 1) own it in your own name; 2) own it in your Wyoming LLC AND register that LLC in Virginia (for about the same cost as forming one) or 3) form a Virginia LLC and own it with that.
Some gratuitous advice: many years ago a real estate... View More
answered on Feb 11, 2025
If you don't already have an LLC to work with and you are only interested in buying and renting or flipping property in Virginia, a Virginia limited liability company should be all that you need to protect yourself. If you formed an LLC in another state for whatever reason, you would still... View More
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