QUESTION

IS A VERBAL CONTACT LEGAL

Asked on Jul 07th, 2014 on Landlord and Tenant Law - Virginia
More details to this question:
WE MADE A DEAL WITH A LAND OWNER WHICH GAVE US A HOME VERBALLY BECAUSE IT WAS CONSIDERED UNLIVABLE. WE HAVE FOUND THE VALUE OF THE LAND HE OWNS HAS RISEN BECAUSE THE HOME NOW HAS VALUE. SINCE THEN WE ARE NOW HAVING PROBLEMS WITH OWNER. THE ORIGINIAL AGREEMENT WAS WE COULD HAVE THE HOME AND THE AMOUNT OF MONEY PUT INTO FIXING IT WILL BE TAKEN OFF AN ACRE OF LAND THAT INCLUDES A WELL IN WHICH THE HOME SITS ON. ALSO WE COULD USE ADJACENT PROPERTIES AS LONG AS WE MAINTAINED THEM (& WE HAVE) WE HAVE ASKED FOR THE CONTACT NUMEROUS TIMES BUT HAVE NOT RECIEVED ONE YET. AFTER A DISAGREEMENT THE OWNER HAS BEEN INTO OUR SHEDS AND SENT NEIGHBORS INTO OUR YARD WHILE WE ARE NOT AT HOME. WE DONT KNOW WHAT IS THE LEGAL ROUTE TO TAKE OR IF ANY AT ALL. PLEASE HELP US.. THANKS!
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
While many oral contracts are legally enforceable, there are certain kinds of contracts that must be evidenced by a writing pursuant to what is called the Statute of Frauds.  Any contract regarding a transfer of land is one of those kinds of contracts that must be evidenced by a written document.  So your supposed transfer of this land is probably not legally enforceable.  Did you believe that you were the new owner of this property?  Obviously that would require a transfer of title to be filed with the land records.  I notice that you tagged your inquiry under "landlord and tenant" rather than under real estate, so that leads me to believe that perhaps you acknowledge that you were only renting the property or using it temporarily, rather than taking ownership.  Another issue in any contract is what we call legal consideration, which means that both parties must receive something of value in the transaction.  If he just gave it to you as a gift, that is possible, but the donative intent would have to be clear. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Jul 07th, 2014 at 4:52 PM

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