Virginia Real Estate Law: What Are Easement Disputes?

If you own land or a house in Virginia there is a good possibility that you will eventually have some kind of land dispute with your neighbor. There are many different types of land disputes that can come up. These include new constructions that you disagree with, unauthorized use of your land or driveways, your neighbor building something that overhangs your land or even your neighbor interfering with the sale of your land.

The first type of dispute you need to be aware of is an easement dispute. So what is an easement dispute, and why do you need a lawyer?

What is an Easement?

An easement allows your neighbor or someone else to use a portion of your land for a limited purpose. For example, perhaps your backdoor neighbor needs to use your driveway to get to their property or the utility company may want to lay new lines. 

Easements are typically placed in documents known as “boundary line adjustments” or “deeds of dedication.” They are limited in size, length and use. A common driveway easement is either 30 feet wide or 50 feet wide, whereas a utility easement can be much smaller.

Can you make changes to an easement without permission?

No, if the person you purchased your land from gave an easement to someone else before you bought the land, you are stuck with it. You cannot take any steps to interfere with the easement. You cannot place new gates or checkpoints on the easement, you cannot place buildings within certain distances from easements, and there are other restrictions depending on where you live?

What are the common types of easement disputes?

The most common easement dispute is that someone puts a gate over an easement they have the right to use. However, easement disputes can come in many different types. An easement dispute is any dispute where someone is interfering with the use of the easement.

Why do you need a real estate lawyer?

Easement disputes are complicated, and often require hiring an expert witness to read the title documentation and view the property. If you are not careful and do not hire the appropriate witnesses and put on the right evidence, you will lose your easement dispute case. Lawyers can also negotiate reasonable resolutions to easement disputes.

Easement disputes are typically handled by pursuing the claim in the Circuit Court where the land is located at. The case is initiated through filing a complaint asking that the court resolve the pending land dispute. There are strict standards for what must be included in that complaint that a lawyer can help you with.

Therefore, if you have an easement dispute, hire a lawyer.

Virginia Business Law: Contracts and COVID

I have been getting a lot of calls from both small business owners and consumers over the last few weeks about how to handle existing contracts and special events that have been planned for months. Event venues have been particularly hard hit from the coronavirus. As a result of Governor Northram’s executive orders, these event venues have been unable to honor their contracts.Refunds and rescheduling are the two biggest issues right now.

So what do you need to know about how the state of emergency has impacted contracts and event venues?

Virginia’s Executive Orders:

Executive Order 53 and Executive Order 55

There have been several executive orders over the last few weeks, but the most important orders are Executive Order 53 and Executive Order 55. Executive Order 53 was passed on March 23, 2020. This order forced non-essential businesses to disallow gatherings of more than ten (10) individuals and to cease recreational operations. Executive Order 55 was passed on March 30, 2020. This order forced all Virginia residents to stay at home unless they were allowed to leave for certain exceptions.

How Do the Virginia Executive Orders Impact Event Venues?

They close. The effect of these orders is that the vast majority of event venues such as wedding venues and theatres are not currently allowed to provide services as of the date of writing this article. As a result, many of these event venues have begun to offer online services. Some theatres are hosting online movie viewings to bring in revenue. 

This has created problems for event venues with events planned from March 23, 2020 until Executive Order 55 is lifted. There is no current deadline for the order being lifted. Unfortunately, we have no guidance on how long this will remain in place.

As a result, people are calling event venues demanding to cancel these events because they can no longer use the event space.

What Can Small Ev ent Venues and Consumers Do About The Closures?

For the most part, your rights as either a business or a consumer are going to be completed listed in your event contract. There is a clause known as a “force majeure” clause that essentially says what should happen if events spiral out of control. Rights are going to largely be on a case by case basis, so you should consult with a lawyer if you wish to cancel your event or reschedule your event. 

Many businesses opted for an online contract or opted to draft their own contract. As a result, they have weak force majeure clauses. This can create a lot of issues for both consumers and businesses. Another reason for a business to consult a lawyer is to have a new contract drafted to protect from future events such as this.

Either way, it is important for event venues and consumers work together to come up with creative solutions to the problem.

COVID-19 and Custody Issues in Virginia

School is shut down. Custody schedules around Virginia are in disarray. Many people have been calling asking how to handle these developments. Common questions include: a) do I have to allow the other parent to see the child, b) am I allowed to leave the house, c) are we in the summer schedule now, etc.

It is important to understand that these are trying times. This article will give some basic guidance on co-parenting from a legal perspective during a pandemic. However, at the end of the day, the best advice anyone can give is read your court order.

Common Covid Questions for Split Households

I would like to start by answering those most common questions. Generally, yes, unless there is something in your custody order to the contrary you must continue to follow it. Just because the court system is closed down does not mean the court order goes away. Furthermore, there is no order from the Virginia Governor, as of the time of writing this article, prohibiting you from traveling to exchange custody. It is unlikely that there will be such an order based upon how other states are responding. Finally, unless your court order says otherwise then you are unlikely to be operating under a summer schedule. Every custody order is different, but most orders adopt the school system’s definition of summer break.

Penalties For Ignoring Your Custody Order

The same penalties apply now as there would be if you were not following the custody order otherwise. The other parent can file a show cause and ask the court to find you in contempt for violating the court order. The court has a lot of power when hearing a show cause. The court can a) impose a heavy fine, b) impose some kind of jail punishment, c) give the other parent extra parenting time to make up for the delay and even, in limited circumstances d) consider a change in custody.

Additionally, violation of a custody order is still a crime in Virginia. You can be charged with a crime for intentionally violating an order. This can adversly impact background checks and have other consequences.

Talk To a Custody Lawyer

Now, more than ever, it is important to understand the specific wording of your custody order. Courts are likely to be inclined to punish severely parents they believe are actively taking advantage of this horrible situation. When in doubt, reach out to a lawyer to schedule a phone consultation and discuss your child’s specific needs and the terminology in the order.

Virginia Divorce Law: The Value of a Financial Expert

Divorce is a complicated process. One of the major things you are doing in a divorce case is dividing assets and liabilities. I discuss this in more detail in another post. However, the basics are that you are dividing everything acquired during the marriage, regardless of whose name its in. For example, real estate, vehicles, jewelry, furniture, life insurance, stocks, bonds, credit cards and lines of credit.

In order to fairly divide these things, you must first figure out how much they are worth. That is where a good financial advisor comes into play. So what is a financial advisor, and why are they important for your divorce case?

Virginia Law: What is a Financial Advisor?

A financial advisor is a financial professional whose job is to help you maximize your money. Financial advisors come in all shapes and sizes, and carry different types of credentials depending on the type of client they are helping. Common types of financial advisors including Certified Public Accountants (CPAs), Certified Financial Planners (CFPs), Chartered Financial Analyst (CFA), and Certified Management Accountant (CMA).

If you have questions about what type of financial advisor is best for you, contact your bank and ask to set up a time to talk to a bank representative to learn more. It will largely depend on the amount and types of assets you have.

Why You Need a Financial Advisor During a Divorce

Lawyers are usually not also financial advisors. Lawyers and financial advisors go through different schooling and certification processes. A good financial advisor will know far more about the economic impact of keeping certain assets than a lawyer would.

The job of a lawyer during a divorce case is to analyze the facts of your case and point out the dangers and potential pitfalls of going to trial. A lawyer can also present the expert testimony of a financial advisor or other financial expert to the court.

A lawyer, in most circumstances, cannot or should not advise you on things like tax consequences of keeping certain items, how keeping certain items will impact your financial portfolio, or the advisability of certain financial ventures.

Therefore, having a team of a lawyer and a financial advisor during a divorce is incredibly helpful.

What Role Does a Financial Advisor Play at Trial?

If you and your spouse are fighting over who keeps certain property, a financial advisor can help arrange for the appropriate testimony the court needs to determine who keeps that property or how it is valued. For example, if your spouse wants to keep the stocks and bonds, it may be important to value certain other money accounts to offset her keeping the stocks and bonds. Without that financial guidance, you will not know whether that is a good or fair deal.

Virginia Divorce Law: The Improper Use of Protective Orders

One of the more nefarious strategies that people use during a divorce proceeding is reporting you to the magistrate and asking for a “protective order.” These protective orders can have serious consequences for your employment and the success of your divorce case. It is important to know what a protective order is, why they are granted, how to combat them and what to do if you were the subject of a bad protective order.

Virginia Law: What is a Protective Order?

A protective order is a document that says you are not allowed to have contact with a certain individual. A protective order can also include provisions for temporary custody and visitation of children. If you are not careful, a protective order can even require you to pay for certain things like phone bills and housing.

These protective orders are normally granted on an emergency or temporary basis. A hearing must be held within a certain period of time to give you an opportunity to fight a protective order.

When Should You Get a Protective Order?

A protective order is designed to protect people from immediate threats or danger of harm. They are supposed to be used to protect a spouse from a physically abusive or dangerous person. For example, if someone threatens to take another person’s life, that would be a good reason to have a protective order. If a former spouse is stalking you, that is also a good reason to have a protective order.

It is not, however, a good enough reason to seek a protective order just because someone does not “feel safe” without an immediate threat. They are also not supposed to be used to obtain temporary custody without fear of danger.

How Do You Fight a Protective Order?

Combating a protective order can be tricky. While protective orders are not criminal cases, they are often accompanied by criminal charges. You certainly have a right to appear in court and fight a protective order. However, if you have been charged with a crime such as domestic abuse, then it may not be a good idea to appear in court without a lawyer. The best way of fighting a protective order is to keep clear records of what happened.

Can You Get in Trouble for Filing a Bad Protective Order?

Yes, absolutely. The other side can seek their legal fees if you used a protective order for your own personal gain but did not actually fear for your own safety.

Why You Need a Divorce Lawyer.

You should hire a divorce lawyer if you are going through a difficult separation or are facing a protective order proceeding. Protective orders can hurt your employment and have impacts on the outcome of your divorce case. It is also important to have a lawyer if you want to seek a protective order to make sure you are doing the right thing and do not have to pay the other side their legal fees.