LYNCHBURG REAL ESTATE ATTORNEY
PROVIDING CUSTOM SOLUTIONS FOR COMPLEX ISSUES IN VIRGINIA
For homeowners, renters, investors, land owners, buyers, and sellers, real estate law impacts you every day. Whether you are involved in a property dispute, closing a purchase or sale, or a negotiating over the terms of a contract, A. R. Pike Law Firm can help. Our Lynchburg real estate attorney has the experience and skill necessary to make all necessary preparations for your property needs and can fight for your property rights in court. We protect your property interests, both in and out of court.
Schedule a consultation with our firm by calling or contacting us online.
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WHAT DO YOU HAVE TO DISCLOSE WHEN SELLING A HOUSE IN VIRGINIA?
When selling a house in Virginia, the seller must provide the homebuyer with a “Residential Property Disclosure Statement”. This pretty much means that the seller is not responsible for informing the buyer about anything wrong with the property, and it is up to the buyer to find any problems prior to closing.
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DO I NEED A REAL ESTATE ATTORNEY?
If you need guidance reviewing real estate documents and explaining the legalese they may contain or drafting documents that protect your interests, A. R. Pike Law Firm can help. We can evaluate any agreements, land records, and financing documents involved in your situation while negotiating on your behalf and create documents that meet your real estate needs. If a dispute arises, we will negotiate for your best interests and file a lawsuit if necessary to achieve your goals. Having an attorney by you side can save time, money, and headache and protect your substantial investment from future issues.
PURCHASE DISPUTE ATTORNEY IN LYNCHBURG
PROTECTING REAL ESTATE INVESTMENTS IN VIRGINIA
For most people. buying a home is the biggest. most expensive investment they will ever make. It is crucial that all the details are handled properly in order to make the most of your purchase. Unfortunately, people make mistakes and sometimes act in bad faith. When so many parties are involved - buyers, sellers, realtors, lenders, attorneys - the chances that a mistake or issue will lead to problems goes up. If you've had a problem with the purchase of a home or property caused by a party's mistake or bad faith, call the Lynchburg real estate purchase dispute lawyer at A. R. Pike Law Firm. We can help you find out exactly what happened and work toward making it right.
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TYPES OF REAL ESTATE DISPUTES
Because property purchases are matters of contract law, there can be bad faith interpretations you may not have prepared for. For example, you may have purchased a home under the impression that it was in good condition only to find out that the floorboards were infested with termites. The other side may blame you for not properly investigating the property before the purchase, but an attorney can help you prove how you were misled.
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Some mortgage issues that occur include:
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Undisclosed defects
Fraud
Misrepresentation
Predatory lending
Discrimination
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Because these problems affect such a large investment, fair and honest treatment is mandatory from the other parties in your home purchase. At A. R. Pike Law Firm, we have represented hundreds of clients whose rights were violated, and we understand how important it is to make the situation right.
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SCHEDULE YOUR CONSULTATION TODAY
When we initially meet with you, we will discuss your legal goals to give you a better understanding of your situation and how you can exercise your legal options.
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A. R. Pike Law Firm may be able to help you:
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Cancel your contract without paying a penalty
Rewrite the contract to better suit your interests and understanding
Enforce certain contract performance
Recover the costs of repairing hidden defects
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Virginia real estate laws can be difficult to navigate. Make sure you have an experienced legal professional on your side who understands what it takes to build a strong case and move you in the direction you want to go.
Call now to get started.
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We can help with a wide array of situations involving real estate, including:
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Adverse Possession
Eminent domain dispute mediation and/or litigation
Homeowners Association (HOA) representation and defense
Mortgage disputes
Purchase and sale agreement drafting and review
Lease agreement drafting and review
Financing document (note/deed of trust) drafting and review
Real estate property damage claims
Easement and boundary line disputes
Real estate sales
Resolution of landlord/tenant disputes
Resolution of neighbor disputes
Resolution of title issues
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CHOOSE A REAL ESTATE LAWYER WITH KNOWLEDGE & EXPERIENCE
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At A. R. Pike Law Firm, we are committed to resolving disputes and getting results for our clients. Lead attorney Aaron R. Pike has spent his career serving others. As your representative, he will expend every effort to meet your goals and resolve conflicts for your unique situation. Let our Lynchburg real estate lawyer help you choose the optimal, most cost-effective route based on your situation.
LANDLORD/TENANT DISPUTES ATTORNEY IN LYNCHBURG
REPRESENTING LANDLORDS INVOLVED IN COMPLEX LEGAL MATTERS
If you are a landlord or property manager, you need competent representation for matters arising from the complex relationship you have with tenants. At A. R. Pike Law Firm, our Lynchburg landlord/tenant disputes attorney can assist you in drafting both residential and commercial leases and represent you when tenants breach the terms of their leases or damage your property. Virginia law can be a minefield for landlords when enforcing leases. A wrong move can be costly and time-consuming. Let us resolve your concerns as quickly and efficiently as possible.
Schedule your consultation by calling or contacting us online.
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SEEK COUNSEL FROM AN EXPERIENCED ATTORNEY
Before you take legal action against a tenant, it's important to consult with a landlord/tenant attorney to ensure you have a legal basis to do so. A real estate attorney can also help you protect yourself from legal action taken against you for any wrongful actions. Different laws apply to residential tenants and commercial tenants, and they are not always intuitive.
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We keep your best interests in mind when dealing with areas such as:
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Drafting residential lease agreements
Drafting commercial lease agreements
Evictions and unlawful detainers
Lease violations, including failure to pay rent
Contract disputes
Lease reviews
Transactional disputes
Month-to-month termination notices
Collection of unpaid rent/damages
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WHY SHOULD I HIRE A LANDLORD/TENANT LAWYER?
Virginia landlord/tenant law provides strict procedures and timelines for landlords and tenants. Failure to adhere to the laws in the Virginia Residential Landlord and Tenant Act (VRLTA) and other statutes could make a dispute with a tenant more lengthy and costly than it needs to be. If you are trying to evict a tenant, enforce a lease, or collect unpaid rent or payment for damages, it is important to hire a lawyer familiar with Virginia landlord/tenant laws.
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WHAT ARE RENTERS RIGHTS IN VIRGINIA?
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In Virginia, renters have a legal protections under the Virginia Residential Landlord and Tenant Act (VRLTA) that include the right to:
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A fair application fee.
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A fair security deposit.
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A decent and safe place to live.
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Privacy.
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Be informed of a change in management or ownership, or change of the property for some other use.
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Be properly notified of a rent increase or decrease in services.
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A proper eviction notice.
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HOW MUCH NOTICE DOES A LANDLORD HAVE TO GIVE A TENANT TO MOVE OUT IN VIRGINIA?
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To end a month-to-month tenancy in Virginia, the landlord must give the tenant a 30-day
notice informing the tenant that the tenancy will end at the end of the 30-day time frame.
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COMMERCIAL LEASE AGREEMENTS
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Few laws govern commercial leases in Virginia, which means that the terms of a lease agreement are flexible. Who pays for repairs? Who pays taxes and insurance? How much notice must you give before evicting? What happens if a tenant breaks the lease? A good commercial lease agreement will protect your interests and help ensure that you are covered in a variety of situations that may arise.
EVICTION PROCESS IN VIRGINIA
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Before a landlord can file a lawsuit to evict a residential tenant, there are specific notice requirements that must be followed. If the landlord has cause to end the tenancy, they must first give a notice for termination.
PAY OR QUIT
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If the tenant is late paying rent, the landlord must give a residential tenant a five days to "pay or quit" notice before filing an unlawful detainer action in the General District Court. According to Virginia Code § 55.1-1245-F, if the tenant does not pay within those five days, the landlord can begin the eviction process against the tenant.
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CURE OR QUIT
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According to Virginia Code § 55.1-1245-A, if the landlord is facing a noncompliant tenant who breaches lease stipulations the landlord may give them a 30-day "cure or quit" notice. After serving the notice, the tenant has 21-days to remedy the breach, otherwise the tenancy will be terminated after 30-days.
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UNCONDITIONAL QUIT
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In situations where a tenant commits a breach that is not remediable, the landlord may serve a notice to the tenant, outlining the specific acts that constitute a breach, and stating that the tenancy will be terminated after 30-days. This kind of breach can also be cause for immediate termination if there is a criminal or willful act that is not remediable, or if the act poses a threat to health and safety (Virginia Code § 55.1-1245-C).
If you are considering evicting a tenant, you should consult with our experienced landlord/tenant law attorney in Lynchburg to gain a clear picture of the eviction procedures you must follow.
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EXPERIENCED LEGAL REPRESENTATION
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With all the formal notices flying back and forth between you and your tenants), you may be confused and frustrated about your situation. Seeking a skilled landlord/tenant lawyer is the best way to ensure you save time, money, and energy throughout the proceedings. At A. R. Pike Law Firm, we aggressively pursue the interests of landlords in Lynchburg and beyond. Don't wait until your conflict escalates even further - get in touch with our team today.
LYNCHBURG EASEMENTS LAWYER
PROTECTING PROPERTY OWNERS FROM UNLAWFUL LAND USE IN VIRGINIA
When you purchase real estate, there is always a chance that it comes with easements. This means that some other person or entity has the right to use your land or you have the right to use another's land for certain specified purposes. Interference with your easements rights can make your property unusable or hurt its value. Another's easement on your land can keep you from using and enjoying your property. Easements can be deeply frustrating to deal with, so it is important that you have an experienced Lynchburg easements lawyer on your side who can explain the laws as they apply to you and fight for your easement rights. A. R. Pike Law Firm can help. We understand laws surrounding real property and easements, and we can help you make a case for your interests.
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Call now or contact A. R. Pike Law Firm online to schedule a consultation about your case.
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WHY DO EASEMENTS OCCUR?
Living in a civil society, there are certain sacrifices we expect one another to make. For example, the electric company may need to run power lines over or under your property in order to bring power to your neighbors. An easement would stipulate that the electric company has the right to use a portion of your
property to have and maintain power lines. Of course, there may be problems with these kinds of easements.
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For example, if the electric company parks in front of your driveway or adds power lines and poles on your land, you have legal rights to stop them or be compensated.
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Other easements let you access your property by private road or driveway, use water, or grant some other land right. These easements are created by previous landowners in written agreements or arise simply because people have used the road or water for many years. In either case, the location, size, and use of the easement can be the subject of disagreement and dispute. If the dispute is never resolved, it may be difficult to buy or sell the land until a written agreement is signed or a court makes a ruling about easement rights.
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WHAT IS AN EASEMENT IN VIRGINIA?
An easement is a non-possessory right of use over the land of another. An easement holder has the right to use the landowner's property for a certain purpose and is prohibited from changing or expanding his use of the easement without the consent of the landowner.
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WHAT ARE THE DIFFERENT TYPES OF EASEMENTS IN VIRGINIA?
In Virginia, there are four types of easements that exist and they are as follows:
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VIRGINIA UTILITY EASEMENT LAW
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These are the most common, and they allow utility companies to use your property in a limited
way, such as to install a power pole.
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PRIVATE EASEMENT RIGHTS
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A landowner can get an easement to use another's land for a specific purpose, like a
driveway. These are usually in writing, created by a prior landowner, and transferred to each
subsequent owner automatically. It is important to know what easements affect property
before you buy it to avoid any surprises down the road.
EASEMENTS BY NECESSITY
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If a landowner cannot access a public road, he may be able gain an easement to access his property through someone else's land. For example, if someone divides their land and sells a part thar is nor on a nuduc roacwav the Duver mov be goero grive part that is not on a public roadway, the buyer may be able to drive across the private land to get to the nearest road.
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PRESCRIPTIVE EASEMENT VIRGINIA
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If you use another's land continuously, without permission, you may have gained the legal right to keep using it for the same reason, even if the the landowner tries to stop you. For example, you may acquire the legal right to keep using a driveway even though you were never given permission or granted a written easement.
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REPRESENTING CLIENTS IN CAMPBELL COUNTY
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Easements become problems when they keep you from using and enjoying your land. At A. R. Pike Law Firm, we know Virginia's easement laws, and we can give you a clear picture of how to stand up for your own interests. Whether you need an easement or you need to fight another's easement, we can help. Call us for a consultation to learn more about what we can do for you.