Legal Question in Real Estate Law in Virginia

Land owners not following deed restrictions

We live/own property with deeded access road which also provides other land owners with common access and the same deed restrictions,2 problems,1.no mobile homes or trailers allowed,1 owner has now put 2 double wide mobile homes on his property one houses his grandsons the other houses his cousin or great neice[not sure which] 2.Out of 11 property owners no one is maintaining the access road all having deeded restrictions to do so.My husband and I have lived here 4 years and done many hours of tractor work to road and put about 6,000.00 in rock/gravel on access road and other owners have put 0.We know we can sue civil but you can't garnish a social securty check can you?3land owners [us included]

have very nice homes.Do my husband and I have any real recourse.Our property's were just reacessed and we are waiting to see to what degree our values may have gone up.We recently added a very nice garage/gameroom/nurserey room [ for starting plants to aid us in income when we retire in about 20 years].Our property is considered a ranch since we have livestock[horses/dairy goats/barn] we are concerened if we get fed up will our property be marketable[ie..mobile homes/poor access to home] We have talked to zoning with no luck.Thank You.


Asked on 10/04/05, 12:53 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Land owners not following deed restrictions

The deed restrictions can be enforced in civil court and an action filed for contribution against those required to maintain the access road but who have failed to do so.

You're correct, you cannot garnish a social security check, but you can levy against a bank account and file encumbering liens against property which may be enforced through judicial sales.

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Answered on 10/05/05, 7:43 pm


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