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Virginia differs from many other states in that it does not provide for a right of redemption, by which a debtor can reclaim the property if they raise the money to pay the debt after the foreclosure sale. Furthermore, the debtor can not force the creditor to claim personal property ahead of real property.
After 1778, in Virginia, tomahawk rights were put to the test. According to a local historian of northwestern Virginia: Virginia gave to every bona fide settler who built a log cabin and raised a crop of corn before 1778, a title to 400 acres of land and a pre-emption to 1000 acres more adjoining. These commissioners were appointed to give ...
The notice is usually filed in the county land records office. Recording a lis pendens against a piece of property alerts a potential purchaser or lender that the property’s title is in question, which makes the property less attractive to a buyer or lender. Once the notice is filed, the legal title of anyone who purchases the land or ...
If your neighbor has taken a few feet of your land when building his fence, you can take steps to take back your land. A caveat, however; make sure you know where your true property boundaries are ...
The land was never divided into regular townships, as in the Public Lands Survey System. Instead, land was divided based on the Virginia custom of "metes and bounds." Land boundaries were defined by natural features—trees, boulders, and bodies of water. [3] This resulted in irregularly-shaped land claims, as claimants vied to get the best ...
By statute, Virginia has established that such defenses can be raised in response to a contractual damages claim, and that the defendant may even recover damages in excess of the plaintiff's claim. Under the statute, however, the court lacks the power to order reform or rescission of the contract.
A map from 1736 map of the Northern Neck Proprietary. The Northern Neck Proprietary – also called the Northern Neck land grant, Fairfax Proprietary, or Fairfax Grant – was a land grant first contrived by the exiled English King Charles II in 1649 and encompassing all the lands bounded by the Potomac and Rappahannock Rivers in colonial Virginia.
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