Legal Question in Real Estate Law in Virginia
I recently purchased a home in Chesapeake, Va and was wanting to put a fence up in my front yard but was told by the construction company working down the street that I could not, part of my yard was renting out to them for $3,000 2 months prior to me closing on the home. I was not told about this by the sellers nor listing Realtor and neither was my agent. My 2 lane road in front of the house is also being turned into a 4 lane hwy with a 5th lane for turning in front of my home also. The sellers and listing Realtor failed to disclose this information too. Is the contract for the rental of my yard still binding even though I own the property now and is the failure to disclose information of major construction in front of my house an argument I could win in court...I have 2 small kids and if I had known that my 2 lane road would be a 4 lane hwy, I never would have bought the place.
Thank you,
Keith Risner
1 Answer from Attorneys
You seem to have omitted a key fact regarding this matter, i.e., how long is the rental for part of your property, i.e., two months, two years, or ? And, if in fact you own the land, why are not at least part of the rental proceeds coming your way?
And, furthermore, if in fact that part of your property which allegedly is subject to this rental agreement, amounts to a kind of easement in perpetuity, it should be referenced on the deed to your property and certainly should've been fully disclosed to you before the purchase transaction closed.
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