VA Real Property

Question 1

What is required to establish a joint tenancy with the right of survivorship?

Answer 1

Right of survivorship must be expressly specified, or else it’s a tenancy in common
* “To A and B as joint tenants, and not as tenants in common” is NOT sufficient and TIC will be created

Question 2

How will a tenancy by the entirety be established?

Answer 2

By express language that a right of survivorship is indicated (or that tenancy by the entirety is created)
* Example–using “tenants by the entirety” or “joint tenants with right of survivorship” results in TBE, but “joint tenants” (even to spouses) results in TIC

Question 3

When may a written instrument sever a tenancy in common?

Answer 3

ONLY if the instrument is a deed signed by both spouses as grantors

Question 4

What happens if a landlord does not offer a prospective tenant a written lease and provide with it VA’s statement of tenant rights and responsibilities?

Answer 4

A tenancy is deemed to exist by operation of law on the following terms:
1. Duration is 12 months, with no automatic renewal
2. Rent must be paid in equal, montly installments and
3. Rent payments are due on the first day of each month

Question 5

What are the time frames for terminating a periodic tenancy?

Answer 5

Must serve written notice on the other in accordance with following time frames:
1. Year-to-year: 3 months
2. Month-to-month: 30 days
3. Week-to-week: 7 days

Question 6

What are VA;s rules on security deposits?

Answer 6

(1) Landlord may not require a security deposit in excess of two months’ periodic rent
(2) After termination of tenancy and delivery of possession, landlord has 45 days to return security deposit (less proper deductions) together with any accrued interest

Question 7

What is SOL for unlawful entry or detainer action?

Answer 7

Three years from unlawful entry or detainer

Question 8

What is the time period in VA for creation of prescriptive easement?

Answer 8

20 years
* 10 years in an action involving the provision of water and sewer services

Question 9

What is the additional way an easement may end in VA?

Answer 9

If the original purpose for which easement was created no longer exists

Question 10

When is an equitable easement created?

Answer 10

Where an attempt to create an oral easement (thus making a license) is accompanied by a change of position in reasonable reliance by the holder of the dominant estate on that oral license

Question 11

What kinds of covenants do not run with the land in VA?

Answer 11

Covenants not to compete

Question 12

What is the statutory time period for adverse possession in VA?

Answer 12

15 years (25 if church property)

Question 13

What happens if one co-tenant is under 18 with respect to adverse possession?

Answer 13

That does not keep the statute from running against the other co-tenant

Question 14

What is VA’s rule on disabilities for adverse possession?

Answer 14

No disability is allowed to extend the statutory period beyond 25 years after the adverse possession began

Question 15

What is VA’s rule on when the clock begins to run against holder of condition subsequent?

Answer 15

Clock starts to run when the condition happens (don’t have to exercise right of entry)

Question 16

What is VA’s rule in the event the seller does not own the amount of acreage specified in the contract?

Answer 16

The buyer’s right to claim breach of covenant of marketable title depends on whether the sale is in gross or per acre:
* In gross–treated as sale of whole unit of property as named in K (acreage ignored)
* Per acre–covenant breached if seller can’t deliver K’s specified number of acres

Question 17

What is VA’s rule on the sale of any new dwelling?

Answer 17

Seller impliedly warrants that, to the best of their knowledge, the building is free of structural defects, constructed in a worklike manner, and fit for habitation
* Warranty extends for one year (five as to foundation) from either transfer of record title or buyer taking possession (whichever is earlier)
* Two year SOL once defect appears
* Sending required notice of breach of warranty to seller tolls limitations period for six months

Question 18

What does a statutory special warranty deed warrant in VA?

Answer 18

Only that the seller themselves has not done anything to create a title defect

Question 19

What is VA’s rule to pass title by deed?

Answer 19

To reord deed in VA, must be acknowledged by grantor or proved by two witnesses, but recording is not necessary to pass title

Question 20

What type of notice is NOT recognized in VA?

Answer 20

Inquiry notice

Question 21

What type of notice state is VA?

Answer 21

Race-notice–subsequent BFP will prevail only if they record before prior grantee

Question 22

What is VA’s SOL on enforcement of a mortgage or deed of trust?

Answer 22

10 years from the date the last payment is due on the underlying obligation
* Death of mortgagee tolls SOL for one year
* Period may be extended for additional 10 years by filing certificate in circuit court before the period expires

Question 23

What is unique with respect to assignment of a mortgage in VA?

Answer 23

Assignment of mortgage will carry the debt with it

Question 24

When is the equity of redemption extinguished in VA?

Answer 24

When the property is sold unless mortgagor can show that there was some deficiency in the sale