Legal Question in Real Estate Law in Virginia

Order of precedence; Restrictions, POA By-laws, Proffers? Help!

I have a lot that was a gift from my parents (and so do each of my 4 siblings). The lots adjoin a subdivision, but predate that subdivision. One of my siblings agreed through a letter of proffer to have the adjoining subdivisions restrictions recorded on the deeds to all 5 of our lots in order to gain their approval for rezoning the land from A1 to R1. The proffer agreed to abide by all restrictions including payment of maintenace fees. The subdiv restrictions state that they apply specfically to the named subdivision, not ''our'' lots, and the owners assoc. by-laws are specific to all lots offered for sale in the named subdivision. Our lots are not recorded in the deed books as part of the named subdiv. Does the proffer made by my sibling supercede all other documents? Am I obligated to pay the POA maintenance fees? I've been served (warrant in debt) and need to know if I have chance of fighting payment of the fees. If not, how do I avoid having my credit impacted?


Asked on 8/21/04, 11:51 am

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

Re: Order of precedence; Restrictions, POA By-laws, Proffers? Help!

You haven't made clear whether the so-called "proffer" was done with your approval as the sole owner of your lot or not or whether you and your siblings hold title jointly to all of the lots with each claiming a 1/5 undivided interest in the whole. Nor have you indicated who served you with the warrant in debt to collect the maintenance fees and whether you've contacted

these folks in an attempt to settle the matter.

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Answered on 8/22/04, 10:56 am


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