Legal Question in Real Estate Law in Virginia
Recission of land sale, requirements for
Bought a property,(Subordinate) Owner refuses to Give R.O.W across dominate parcel. I have R.O.W on paper, But not in fact. I have been using a private road for ROW and now, one owner wants to deny me the usage of this alternative ROW.
Property is unimproved.I have made some improvements to the road after it enters my land.
1 Can I force the owner of the original parcel ( from which mine was subdivided) to perform and give me a road in fact? (Nothing specific in the deed, only vagueness)
2 Is recission an option ?
I had a lawyer and Title ins. Lawyer is a princible in the title ins. co (Conflict of interest?)
1 Answer from Attorneys
Re: Recission of land sale, requirements for
Your appraisal of your situation with respect to
what was granted to you in your deed appears somewhat contradictory, i.e., you say you have "right of way" on paper but later refer to the deed as vague. You should, therefore, arrange to have an attorney knowledgeable in these various issues examine the deed and any other pertinent materials/documents to determine what kind of easement(if any) may have been
granted to you by the original owner when you purchased the subordinate parcel.
Once the foregoing has been determined, you and your attorney will then be able to determine
the appropriate course of action which should follow this determination.
This attorney should also be able to address your other questions, including the one regarding recission, which I would seriously doubt as a viable option at this juncture.
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