Key Takeaways
- Virginia recognizes tenancy in common, joint tenancy (with express survivorship language), and tenancy by the entirety
- Tenancy by the entirety is available only to married couples and provides creditor protection
- Virginia is an equitable distribution state for divorce, not community property
- Homestead exemption in Virginia protects up to $25,000 of equity from creditors
- Virginia recognizes easements, restrictive covenants, and other property interests per common law
Virginia Property Rights and Ownership
Virginia follows common law principles for property ownership with some state-specific provisions.
Types of Property Ownership
Individual Ownership (Tenancy in Severalty)
One person holds title:
- Full control over property
- No survivorship rights (passes through estate)
- Most common for single individuals
Co-Ownership Types
| Type | Key Features |
|---|---|
| Tenancy in Common | Default, unequal shares allowed, no survivorship |
| Joint Tenancy | Must expressly state survivorship, equal shares |
| Tenancy by the Entirety | Married couples only, creditor protection |
Joint Tenancy in Virginia
Virginia recognizes joint tenancy but requires specific language to create it:
- Must expressly state "with right of survivorship" or similar language
- The "four unities" (time, title, interest, possession) required
- If one joint tenant sells, joint tenancy is severed
Default Rule: Without specific survivorship language, co-ownership is presumed to be tenancy in common.
Tenancy by the Entirety
Available only to married couples:
- Both spouses must join in conveyance
- Creditor protection from individual debts
- Automatic right of survivorship
- Requires divorce or death to sever
Marital Property Rights
Equitable Distribution State
Virginia is an equitable distribution state (not community property):
| Feature | Virginia Rule |
|---|---|
| Division method | Equitable (fair, not necessarily equal) |
| Court discretion | Yes, based on factors |
| Separate property | Generally remains separate |
| Marital property | Subject to division |
Homestead Exemption
Virginia offers a homestead exemption that protects certain equity from creditors:
Virginia Homestead Exemption
| Feature | Detail |
|---|---|
| Amount | Up to $25,000 of equity |
| Additional | $500 per dependent |
| Eligibility | Virginia residents |
| Purpose | Protection from creditor claims |
Note: This exemption is from creditors, not for property tax purposes. Virginia does not have a property tax homestead exemption like some states.
Easements and Encumbrances
Easements in Virginia
| Type | Description |
|---|---|
| Appurtenant | Benefits adjoining land, runs with land |
| In Gross | Benefits person or entity, may not transfer |
| Prescriptive | Created by adverse use (15 years in Virginia) |
| By Necessity | For landlocked parcels |
Prescriptive Easement Requirements
To establish a prescriptive easement in Virginia:
- 15 years of continuous use (not 20)
- Use must be open and notorious
- Use must be adverse (without permission)
- Use must be continuous
Restrictive Covenants
Virginia enforces restrictive covenants that:
- Run with the land
- Are recorded in property records
- Do not violate fair housing laws
- Have a reasonable purpose
Adverse Possession
Virginia allows adverse possession after 15 years of:
| Requirement | Description |
|---|---|
| Actual | Physical possession and use |
| Open | Visible to the owner |
| Notorious | Known to others |
| Exclusive | Claimant has exclusive control |
| Hostile | Without owner's permission |
| Continuous | Uninterrupted for 15 years |
How long must continuous adverse use occur to establish a prescriptive easement in Virginia?
What is the Virginia homestead exemption amount?