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Commonly Asked Questions about Virginia Real Estate Laws

Tree Trimming Rules A landowner has the right to self help by trimming encroaching tree branches and roots up to the property line, at his own expense. If actual damage is caused by encroaching branches or roots, the landowner has a right of action for nuisance.
55.1-2821. Adjoining landowners shall build and maintain, at their joint and equal expense, division fences between their lands, unless one of them chooses to let his land lie open or unless they agree otherwise.
A purchaser shall have the right to cancel the contract until midnight of the seventh calendar day following the execution of such contract. If the seventh calendar day falls on a Sunday or legal holiday, then the right to cancel the contract shall expire on the day immediately following that Sunday or legal holiday.
Married persons shall have the right to acquire, hold, use, control, and dispose of property as if they were unmarried. Such power of use, control, and disposition shall apply to all property of a married person.
Small Estates in Virginia The total estate, wherever located, does not exceed $50,000.00; At least 60 days have passed since the decedents death; No application for the appointment of an executor or personal representative is pending or has been granted in any jurisdiction;
Every fence shall be deemed a lawful fence as to any livestock named in 55-306, which could not creep through the same, if (1) Five feet high, including, if the fence be on a mound, the mound to the bottom of the ditch, (2) Of barbed wire, 42 inches high, consisting of at least four strands of barbed wire, firmly
Buildings should be set back from the line of property. In light of the fact that setbacks are determined by state and county, there is not a single standard for them. The front setback is commonly 10 feet, the sides four feet, and the back setback is 10 feet.
Removal of boundary or survey stake; penalty. Creates a Class 1 misdemeanor for any person who intentionally or knowingly injures, removes, displaces, or destroys any boundary or survey stake, or any part thereof, erected to designate, locate, survey, or map any land boundary.