Virginia Real Estate Law: What Types Of Lawsuits Are There?

If you own or share real estate with another person, there is a decent chance you will have a property dispute with that person at some point. Virginia law provides for specific types of lawsuits that deal with real estate disputes. Common types of disputes include; one person wanting to sell the property but the other wanting to hold it, relatives requesting compensation for improving the value of the property, and disputes as to who actually owns the property.

So how are these disputes brought to the court, and what are some things the court will consider in dealing with these disputes?

Quiet Title Lawsuit

The first type of lawsuit dealing with real estate is known as a “quiet title” action. The reason this type of lawsuit is called quiet title is because you are “quieting” disputes over who holds the title to the land. For example; there may be a dispute over whether someone had the authority to sell a piece of land, or whether they intended to sell the land to one person instead of another.

A quiet title lawsuit is brought in the circuit court where the property is located. In a quiet title lawsuit, the parties are attempting to convince the judge that they have a better right to own the property than the other person. A judge in a quiet title action is trying to determine who actually owns the property. Judges will often consider the chain of title, who sold the property to whom, and compensation.

Partition Lawsuit

The second type of lawsuit dealing with real estate is known as a “partition lawsuit.” This type of lawsuit happens when two people own a piece of real estate. One of the parties may want to sell the property, but the other person wants to continue living there. If the two are unable to divide the property to settle the dispute, a court can step in.

In a partition lawsuit, the court is trying to determine what will happen to a piece of real estate given the nature of the dispute. Common outcomes include, but are not limited to, forcing on party to buy the other out, forcing the sale of the real estate, or forcing the parties to simply subdivide the real estate.

Declaratory Relief Action

The third type of lawsuit dealing with real estate is known as a “ declaratory relief action.” The purpose of this kind of lawsuit is to determine whether an easement, covenant, or restriction is valid. For example; if the person who owned the property prior to you put a restriction that “no shed can be built in the backyard,” then a declaratory relief action may be appropriate. Alternatively, if a neighbor had been granted access to a trail through your property, and they are now using it to run a full-time tourism business, you can challenge the use of the easement through a declaratory relief action.

In this type of lawsuit, the court needs to look at the type of easement in dispute, how the easement was created, and what has changed since the easement was created.

Why You Need a Real Estate Lawyer

Real estate law can be very complex. If you are having a dispute with another person over the use or ownership of real estate, it is important that you contact a lawyer. The lawyer will need to locate expert witnesses to support your case and track down old documentation to show how the land had previously been used. Failure to hire a lawyer in these kinds of cases may result in losing your valid claim.

Virginia Landlord Disputes: The Tenant's Assertion

Are you renting from a landlord? If so, you have rights that you need to be aware of. Virginia law protects renters from some of your landlord’s unfair actions. If you are the victim of an overly aggressive landlord, you need to be aware of how to protect yourself.

So what does Virginia law say about landlords, and what do you need to do if you have a dispute with your landlord?

What Virginia Law Applies?

There are two different laws related to Landlords and Tenants. The one that applies to your particular case depends on several factors including a) how many rental properties your landlord has and b) the terms of your lease. If you have a large business as your landlord, they are likely covered by the Virginia Residential Landlord Tenant Act. If you have a small family as your landlord that only has one rental, then you have fewer protections.

What are some common issues with your landlords?

Tenants can have any number of disputes with their landlord. Some common examples include mold, malfunctioning appliances, withholding security deposits, unlawful evictions, nosey landlords entering the rental without notice and refusal to fix certain problems with the property. Some of these issues are more serious than others, and the law has more protections for issues such as mold than it does for issues such as nosey landlords. For example, when dealing with visible mold, the Landlord has only five (5) days to fix the mold upon written notice.

What to do if you have a dispute with your landlord?

Under no circumstances should you refuse to pay rent to your landlord. Virginia law does not allow you to withhold rent. If your landlord isn’t doing what they are supposed to, you have to file what is known as a “Tenant’s Assertion” with your local court and send certain notices to your landlord notifying them of the problem. You will also likely have to pay your rent into court for at least one month. If you lose your case, your rent will be handed to the landlord. If you win your case, the landlord will be required to do whatever they were supposed to.

Why do you need a lawyer?

The tenant’s assertion process and deciding what notices need to be sent can be rather complicated, and there are deadlines to file these documents. If the landlord has filed for eviction, it makes it all the more urgent that you need to have a lawyer help you file the documentation at the appropriate time. If you fail to file what you are supposed to, the judge cannot consider your arguments. You should contact a local real estate attorney to discuss your rights when faced with an aggressive or negligent landlord. If you cannot afford to hire that attorney, there are several legal aid services throughout the state of Virginia to help you.