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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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Maryellen F. Goodlatte

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

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Roanoke, VA 24001

800-814-6700

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LEGAL TERMS

PROPERTY

See personal property, real estate, community property, separate property.

REAL PROPERTY

Another term for real estate. It includes land and things permanently attached to the land, such as trees, buildings, and stationary mobile homes. Anything that... (more...)

Another term for real estate. It includes land and things permanently attached to the land, such as trees, buildings, and stationary mobile homes. Anything that is not real property is termed personal property.

BASIS

For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the pr... (more...)

For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the property, 'adjusted' to reflect improvements made or damage incurred while you own the property. See stepped-up basis, carryover basis.

BEQUEST

The legal term for personal property (anything but real estate) left in a will.

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.

GOODS & CHATTELS

See personal property.

EVIDENCE

The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. Evidence typically includes testimony... (more...)

The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. Evidence typically includes testimony of witnesses, documents, photographs, items of damaged property, government records, videos and laboratory reports. Rules that are as strict as they are quirky and technical govern what types of evidence can be properly admitted as part of a trial. For example, the hearsay rule purports to prevent secondhand testimony of the 'he said, she said' variety, but the existence of dozens of exceptions often means that hairsplitting lawyers can find a way to introduce such testimony into evidence. See also admissible evidence, inadmissible evidence.

SUBLEASE

A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The subl... (more...)

A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The sublessee pays rent directly to the tenant. The tenant is still completely responsible to the landlord for the rent and for any damage, including that caused by the sublessee. Most landlords prohibit subleases unless they have given prior written consent. Compare assignment.

BOND

(1) A written agreement purchased from a bonding company that guarantees a person will properly carry out a specific act, such as managing funds, showing up in ... (more...)

(1) A written agreement purchased from a bonding company that guarantees a person will properly carry out a specific act, such as managing funds, showing up in court, providing good title to a piece of real estate or completing a construction project. If the person who purchased the bond fails at his or her task, the bonding company will pay the aggrieved party an amount up to the value of the bond. (2) An interest-bearing document issued by a government or company as evidence of a debt. A bond provides pre-determined payments at a set date to the bond holder. Bonds may be 'registered' bonds, which provide payment to the bond holder whose name is recorded with the issuer and appears on the bond certificate, or 'bearer' bonds, which provide payments to whomever holds the bond in-hand.

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 ...