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James Gilbert
About | Practice Areas
The Gilbert Law Firm
310 South Jefferson St Roanoke, VA 24011» view map
Real Estate Law
Strong Legal Representation

I approach every case for every client the same - with a strong desire to resolve the case in the best interest of my client.

800-716-3580
1. James Gilbert Roanoke, VA
  Attorney at Law - VA, 1995
  University of Richmond J.D. 1995
2. AboutThe Gilbert Law Firm
  Strong Legal Representation
3. Practice AreasExpertise
  Real Estate Law
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Larry Joe Robinett

General Practice

Status: In Good Standing Licensed: 13 Years

CONTACT

1750 Scuffling Hill Rd, Rocky Mount, VA 24151

Daniel Frank Layman

Commercial Real Estate, Land Use & Zoning, Bankruptcy & Debt

Status: In Good Standing

CONTACT

30 Franklin Road, Sw, Roanoke, VA 24011

Maryellen F. Goodlatte

Commercial Real Estate, Land Use & Zoning, Real Estate, Business & Trade

Status: In Good Standing

CONTACT

Roanoke, VA 24001

Matthew Patrick Warren Pritts

Commercial Real Estate, Land Use & Zoning, Construction, Litigation

Status: In Good Standing

CONTACT

10 S Jefferson St, Roanoke, VA 24038

800-923-0641

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LEGAL TERMS

REFORMATION

The act of changing a written contract when one of the parties can prove that the actual agreement was different than what's written down. The changes are usual... (more...)

The act of changing a written contract when one of the parties can prove that the actual agreement was different than what's written down. The changes are usually made by a court when both parties overlooked a mistake in the document, or when one party has deceived the other.

UNCONSCIONABILITY

A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, i... (more...)

A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, inability to read or inability to understand the language. The unfairness must be so severe that it is shocking to the average person. It usually includes the absence of any meaningful choice on the part of the buyer and contract terms so one-sided that they unreasonably favor the seller. A contract will be terminated if the buyer can prove unconscionability.

DIVIDEND

A portion of profits distributed by a corporation to its shareholders based on the type of stock and number of shares owned. Dividends are usually paid in cash,... (more...)

A portion of profits distributed by a corporation to its shareholders based on the type of stock and number of shares owned. Dividends are usually paid in cash, though they may also be paid in the form of additional shares of stock or other property. The amount of a dividend is established by the corporation's board of directors; however, state laws often restrict a corporation's ability to declare dividends by requiring a minimum level of profits or assets before the dividend can be approved.

NUISANCE

Something that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nuisances include a wide range of conditions, every... (more...)

Something that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nuisances include a wide range of conditions, everything from a chemical plant's noxious odors to a neighbor's dog barking. The former would be a 'public nuisance,' one affecting many people, while the other would be a 'private nuisance,' limited to making your life difficult, unless the dog was bothering others. Lawsuits may be brought to abate (remove or reduce) a nuisance. See quiet enjoyment, attractive nuisance.

FINDER'S FEE

A fee charged by real estate brokers and apartment-finding services in exchange for locating a rental property. These fees are permitted by law. Some landlords,... (more...)

A fee charged by real estate brokers and apartment-finding services in exchange for locating a rental property. These fees are permitted by law. Some landlords, however, charge finder's fees merely for renting a place. This type of charge is not legitimate and, in some areas, is specifically declared illegal.

EMINENT DOMAIN

The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the Unite... (more...)

The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is 'justly compensated' (usually, paid fair market value) for his or her loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals or other public buildings. Sometimes called condemnation, taking or expropriation.

ASSIGNMENT

A transfer of property rights from one person to another, called the assignee.

CLEANING FEE

A nonrefundable fee charged by a landlord when a tenant moves in. The fee covers the cost of cleaning the rented premises after you move out, even if you leave ... (more...)

A nonrefundable fee charged by a landlord when a tenant moves in. The fee covers the cost of cleaning the rented premises after you move out, even if you leave the place spotless. Cleaning fees are illegal in some states and specifically allowed in others, but most state laws are silent on the issue. Landlords in every state are allowed to use the security deposit to clean a unit that is truly dirty.

RUNNING WITH THE LAND

A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public b... (more...)

A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public beach access path across waterfront property would most likely pass from one owner of the property to the next.

SAMPLE LEGAL CASES

Hale v. BOARD OF ZONING APPEALS, TOWN OF BLACKSBURG

In these consolidated appeals, the principal issue we consider is whether the circuit court correctly applied Code Â§ 15.2-2307 in finding that the owner/developers of a parcel of real property obtained a vested right to a particular use of the property under a rezoning ordinance subject to ...

Goyonaga v. Board of Zoning Appeals

This appeal arises from a petition for certiorari filed in the appropriate circuit court challenging a stop work order issued by a zoning administrator and upheld on appeal to the local board of zoning appeals. The stop work order was issued to prohibit renovations of a residential ...

Arogas v. FREDERICK BD. OF ZONING APPEALS

Initially, we note that we will not consider the petitioners' original petition because the petitioners failed to incorporate or refer to their initial petition in the amended petition. We have held that "`when a circuit court sustains a demurrer to an amended [petition] which does not ...

Wirtz Land Use & Zoning Lawyer, Virginia

Sponsored Law Firm

The Gilbert Law Firm

SPONSORED LAWYERS

Larry Joe Robinett

Daniel Frank Layman

Maryellen F. Goodlatte

Matthew Patrick Warren Pritts

TIPS

LEGAL TERMS

REFORMATION

UNCONSCIONABILITY

DIVIDEND

NUISANCE

FINDER'S FEE

EMINENT DOMAIN

ASSIGNMENT

CLEANING FEE

RUNNING WITH THE LAND

SAMPLE LEGAL CASES

Hale v. BOARD OF ZONING APPEALS, TOWN OF BLACKSBURG

Goyonaga v. Board of Zoning Appeals

Arogas v. FREDERICK BD. OF ZONING APPEALS

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