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William Daniel Tucker III's Answers

William Daniel Tucker III
Charlottesville Real Estate Attorney.
Contributor Level 6

1

Attorney answers:

  1. William Daniel Tucker III

There is a deeded ROW the runs on the edge of the property. Is there a time limit to remaining a ROW if it is not used?

Asked by a user in Charlottesville, VA - 10 days ago.

Should not be any time limit on a recorded ROW. As long as the ROW "runs with the land" and/or is "binding on heirs successors and assigns" (which is usually the case,) then there is no time limit. To be absolutely certain an attorney can review the ROW.

1

Attorney answers:

  1. William Daniel Tucker III

Can a judge force a person to sign papers to sell property if they don't want to?

Asked by a user in Lawrenceville, VA - 17 days ago.

Yes. A judge can force the sale through a court proceeding in Virginia known as a Partition Suit. The Judge will look at all the facts to determine if the property can be divided among the three owners (usually no because of the size and local zoning laws) or if one of the owners want to buy out the other two owners. If the answer is no, then the Judge will order a sale based on the current value.