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 Real Estate: Types of Deeds

So you have decided to purchase or sell some property. One of the issues that can come up during the sale of property is the type of deed that should be used. A deed is a document that formally transfers ownership of property from one person to another. Deeds come in various types. Each type has its own benefits and risks.

If you are thinking of purchasing or selling a property, you need to be aware of these types of deeds.

Quitclaim Deed

This is the first, and weakest, type of deed. This type of deed is rarely a good idea. A quitclaim deed conveys whatever interest the seller has in the property to the buyer. This means that a seller may not even have proper title to the property, and could be selling the buyer bad title.

A quitclaim deed can also limit the type of ownership the new buyer has to the same type of ownership the seller has. For example, if the seller has a life estate, the buyer would only get a life estate.

Therefore, it is important to know that a quitclaim deed can be dangerous.

Special Warranty Deed

The second type of deed is the special warranty deed. This type of deed is one step above a quitclaim deed. It gives a specific type of title to the buyer and comes with several warranties. A special warranty deed can protect a buyer from issues of title created by the seller.

For example, if the seller negligently causes a mechanic’s lien to be issued against the property prior to or during closing, a special warranty deed would protect the buyer.

However, a special warranty deed does not protect a buyer against issues that come up as a result of the negligence of prior owners.

General Warranty Deed

This is the strongest type of deed. This type of deed comes with several warranties and protects the buyer from any conditions caused either by the seller or prior owners of the property. This is the ideal type of deed to have when buying property, and it is the most valuable type of deed.

If you obtain a general warranty deed, you can bring a lawsuit against a seller for any issues of title, whether it was the seller’s fault or prior owners.

Why you need a real estate lawyer.

A lawyer can help you determine what type of deed is best for your particular case. Sometimes, you don’t need to have a general warranty deed, and can save on the costs associated with that type of deed. However, you need to be aware of all the risks associated with having a lesser type of deed. Therefore, before closing on any real estate transaction, seek legal counsel. That way, if there is an issue down the line, you will know your rights.