At Copenhaver, Ellett & Derrico, our real estate lawyers have decades of experience in the Roanoke Valley real estate market. This makes us extremely knowledgeable regarding commercial or residential property transactions and disputes throughout Virginia. We represent individuals and businesses, including residential buyers and sellers, residential landlords and tenants, commercial developers, and commercial landlords and tenants, in all types of real estate matters.
If you are part of a real estate transaction or are involved in a dispute, do not hesitate to reach out to our Roanoke lawyers with your questions and concerns. We are here to make sure you are fully informed through any transaction or dispute. We can also represent your interests during any negotiations or in court if a disagreement leads to property litigation.
Virginia Real Estate & Property Law
Our property lawyers at Copenhaver, Ellett & Derrico are well-versed in the statutory provisions that regulate residential and commercial real estate matters, and we have decades of firsthand experience in how those statutes are interpreted and applied by local courts. These statutes include Agriculture, Animal Care, and Food (Virginia Code Title 3.2), Conservation (Virginia Code Title 10), Mechanics and Other Liens (Virginia Code Title 43), and Property and Conveyances Laws (Virginia Code Title 55).
Additionally, other common property laws may impact a Virginia real estate deal or transaction, such as:
- Form and Effect of Deeds; Covenants; Liens
- The Condominium Act
- Virginia Residential Landlord and Tenant Act
- Virginia Real Estate Cooperative Act
- Property Owners’ Association Act
- Virginia Residential Property Disclosure Act
To discuss which laws apply to your real estate matter, and how these laws impact your rights and options, call us right away at (540) 655-1854.
Commercial Real Estate Attorneys
Our team works with established commercial developers and landlords as well as business tenants. We are well versed in the nuances and complexities of commercial real estate transactions and have represented businesses during all types of commercial property transactions. If you wish to buy or sell a commercial property, contact us to represent you during the transaction. We help business negotiate the terms of commercial real estate sales. We are also here to help businesses with the financing of commercial projects, lease negotiations, landlord-tenant disputes, evictions, and commercial foreclosures.
Whatever your real estate transaction or dispute, we are here to help. Contact a real estate lawyer at Copenhaver, Ellett & Derrico to discuss your rights and options.
Residential Real Estate Lawyers
If you are an individual or couple, we can represent you during the home sale or purchase process, whether the home is intended to be your family residence, a vacation home, or income property. If you are a prospective buyer, we will conduct a title search, draft or review a purchase agreement, and represent you through the real estate closing. In our firm, in most circumstances, an attorney will do the legal and title work associated with a closing.
Our Roanoke real estate lawyers can also advise you on the purchase of a land parcels in Virginia or upon moving into a commercial space if you are interested in development opportunities or becoming a commercial landlord. Our real estate lawyers are highly experienced in negotiating these types of purchase agreements and can help with the sale of land or buildings.
Additionally, we have an extensive background and excellent track record in handling residential land disputes, including those regarding property lines and easements. If you are having trouble with your neighbor, give us a call.
We Handle a Wide Range of Real Estate Matters
Our realty attorneys understand how challenging and complicated a real estate transaction can become. Even a seemingly straightforward home sale or purchase can become difficult if there is a title defect, a tax issue, or defects in the home. This is why we believe it is essential that everyone, from individuals to large business, have access to knowledgeable and skilled legal representation.
Our Roanoke real estate attorneys are available to represent you, regarding:
- Construction and Mechanics’ Liens: Any individual or business that works on a property, whether by supplying materials or labor, has the right to file a lien against the property. These rights and obligations are defined in Virginia Code §43-1 – 23.3. The lien means the party claims an interest in the property. Mechanics’ liens are used to ensure contractors, subcontractors, or others are paid for their services. We can help individuals file mechanics’ liens in Virginia, enforce these liens, and defend against them.
- Title Defects: Title is your legal ownership of a property. When there are defects, your ownership may come into question, or the ability to purchase a property may stall. Through a defect, another person or entity could claim an ownership interest in the land. Some title defects are serious and can lead to significant legal issues, such as forgeries and liens. However, many title defects need to be cleared up, though they do not truly threaten your ownership. An error in the records may be fixed by a quit claim deed or deed of correction. One of the reasons it is important to work with a real estate attorney during a transaction is that they can perform a title search to discover any possible title issues. If you discover a title defect while you own a property, our realty lawyers can help you fix the issue.
- Boundary Line Disputes: One of the most common issues we see homeowners deal with is property line disputes. When it comes to backyards, side yards, and driveways, it is all too easy for the boundaries to be confused over the years and even recorded inaccurately. Whether or not you or a neighbor have an easement regarding the other person’s property may complicate the matter as well. If you believe a neighbor is encroaching on your yard or accusing you of crossing the lot line, call one of our property lawyers right away.
- Commercial and Residential Leases: Many people and businesses rely on cookie cutter leases they pull off the Internet. Unfortunately, this creates room for error and most likely, does not protect either party as well as it should. If you are a landlord, whether you own commercial spaces or residential homes and apartments, you should work with a Virginia real estate lawyer to draft your leases. It may be that we can help you create a basic lease for your apartments. Or, if you own various commercial properties, we can represent you in negotiations during each transaction.
- Landlord-Tenant Disputes: The landlord-tenant relationship can be fraught with misunderstandings and tension. Even commercial tenants can feel powerless when it comes to enforcing a lease agreement or Virginia law, and if you are a residential tenant, you may feel like you have little-to-no recourse when your landlord is being difficult or unethical. Our Roanoke real estate lawyers are here to help residential and commercial tenants enforce the law and terms of their lease. We also work with landlords during lease disputes and evictions.
- Homeowners’ Associations: If you live in a condo, townhouse, or residential community, then you may be subject to a homeowner’s association (HOA) or a condominium association (COA). These associations often have rules regarding what you can and cannot do with your property, and they require you to pay fees, which typically go toward building and maintaining shared property. If you do not pay your HOA/COA dues or assessments, the association can file a lien against your property. We have helped many individuals dealing with HOA/COA disputes. We also represent HOA/COA’s in enforcement and other legal disputes.
How a Roanoke Real Estate Lawyer Can Help
Many individuals and businesses attempt to get through a real estate transaction or dispute without an attorney. They may rely on advice from friends and family or free online materials. However, to be fully informed, protect your rights, and give yourself the best chance of success, you should hire an experienced property attorney.
Our attorneys offer you:
- In-depth, firsthand knowledge: Property law and Virginia real estate law can be complicated. While anyone can review the statutes, our attorneys offer you additional context and experience. We provide you with knowledge beyond brief statutory provisions.
- Objective advice: During many real estate transactions, it is not enough to know your options. You need help conducting a cost-benefit analysis. You need an experienced professional’s objective opinion about the best course of action. This is particularly true if you are new to real estate matters, such as if you are a first-time homebuyer. At Copenhaver, Ellett & Derrico, we believe in being honest with our clients. We will provide you with our objective analysis regarding your situation, including when it may be appropriate to walk away from a transaction or take steps to mitigate your losses.
- Risk mitigation: Within any real estate matter, there is some risk. Our lawyers are here to thoroughly review the situation, whether it is a proposed transaction, dispute, or litigation and inform you of your risk. Then, we will determine the most appropriate way to obtain an acceptable outcome in your matter and mitigate future risk.
- Aggressive representation: When situations involving real estate go wrong, you may find yourself in a courtroom. Our realty attorneys are not afraid to take a matter to trial. We offer you compassionate and aggressive representation during property litigation.
Contact Copenhaver, Ellett & Derrico Today
Whatever your position with the Roanoke real estate market, whatever your transaction or dispute, Copenhaver, Ellett & Derrico is here to help. We have handled all types of situations, from couples closing on their first homes to businesses negotiating one of many commercial leases.