Legal Question in Real Estate Law in Virginia

I purchased an investment property earlier this year after it had been foreclosed on. It was originally bought with cash. After rehab I did a cash out refi and during closing we found an issue with property lines. In 2010 the former owner of the house I bought deeded part of my lot to the owner of the commercial property behind me without joinder of the lender who held the first lien deed of trust on the property. Now the commercial business has part of their parking lot on my property. I have contacted the attorney who works for the owner of the commercial property and who did the deed work in 2010. They have basically blown me off. Can I make them remove the parking lot on my property or remove it myself and bill them?


Asked on 12/05/16, 11:08 am

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Yes, if you can do so without breaching the peace AND if you are 100% sure you are right. Because the consequences for being wrong would be severe. Best to go to court.

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Answered on 12/06/16, 3:22 am


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