Legal Question in Real Estate Law in Virginia
Landowners not following deed restrictions
When taking action in civil court against landowners not following deed restrictions,(ex. trailers or mobile homes not allowed), does one have to set a dollar amount in the suit? If so, who is the professional to do that?
We (three of us) are afraid out property (homes, etc.) will be devalued due to the establishment of residences that are not supposed to be erected on this land. Our deed and all other deeds on this land state only ''stick built'' residences allowed.
Thank you for any information we can use for court.
1 Answer from Attorneys
Re: Landowners not following deed restrictions
Your civil action filed in circuit court should be one filed on the side of the court known as equity rather than the law side(at least until Jan. 1, 2006), seeking an injunction or other appropriate restraining order to prevent the kind of irregular land use which you've described enjoined under the applicable deeds.
Therefore in your complaint in equity you are not seeking the remedy of dollar damagaes per se against the alleged violators but rather
an order from the court directing them to cease
and desist from their noncomforming actions with respect to the requirements mandated under the applicable deeds.
You may well require the assistance of appropriately knowledgeable counsel in order to get it right.
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