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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.
Personal property, traditionally known as chattel, may also be adversely possessed, but owing to the differences in the nature of real and chattel property, the rules governing such claims are rather more stringent, and favour the legal owner rather than the adverse possessor. Claims for adverse possession of chattel often involve works of art.
Over time, actions of ejectment were applied to try land claims in place of older real actions such as the assize of novel disseisin.A practice developed of trying the title to ownership of land by means of a special ejectment chiefly for ensuring a low court and had the added advantage of some confidentiality among the landed gentry.
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 ...
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.
You can file for this certificate online or submit VA Form 26-1880 to your local VA office. Credit score – There’s no minimum set by the VA, but most lenders require a credit score of at least ...
For example, if a piece of lumber sits in a lumber yard, it is a chattel. If the same lumber is used to build a fence on the land, it becomes a fixture to that real property. In many cases, the determination of whether property is a fixture or a chattel turns on the degree to which the property is attached to the land.
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