Property Disclosure Reports

Adjacent Parcels

What's the relevance of Adjacent Parcels?
The basic purpose and function of zoning is to divide a municipality into residential, agricultural, commercial, and industrial districts (or zones), that are for the most part separate from one another, with the use of property within each district being reasonably uniform. However, there are occasions when a non-residentially zoned property (i.e., agricultural, commmerical, industrial) is adjacent to a residentially zoned property. Typical concerns expressed by some residential property owners are potential noise, odor, light intrusion, traffic, and parking impacts.

What does the disclosure statement say?
The owner(s) makes no representations with respect to any matters that may pertain to parcels adjacent to the subject parcel, including zoning classification or permitted uses of adjacent parcels, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary with respect to adjacent parcels in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement pursuant to such contract.

Why is this information important?
Prospective home buyers want to know if adjacent parcels are zoned for agricultural, commercial or industrial permitted uses and if these uses affect their enjoyment of the property being purchased.

Solar Energy Collection Devices

What are Solar Energy Collection Devices?
Solar energy collection devices are also known as solar panels. They collect energy from the sun and convert it into either electricity or heat.

What does the disclosure statement say?
The owner makes no representations with respect to any right to install or use solar energy collection devices on the property.

Why is this information important?
Buyers want to make sure that they are able to install or use solar energy collection devices on the property. Recently, new provisions have passed which allow community associations to have regulations as to size, location and placement of solar panels. Buyers should obtain a copy of the CC&Rs if applicable to the home being purchased, to see what is stated about installing or using solar panels.

Conservation or Other Easements

What are Conservation or Other Easements?
A conservation easement is a voluntary, legal agreement that permanently limits uses of the land in order to protect its conservation values. Also known as a conservation restriction or conservation agreement, a conservation easement is one option to protect a property for future generations.

What does the disclosure statement say?
The owner(s) makes no representations with respect to whether the property is subject to one or more conservation or other easements and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement pursuant to such contract.

Why is this information important?
Prospective home buyers want to know if a conservation easement restricts potential use or enjoyment of the property.

Community Development Authority

What is a Community Development Authority?
A voluntary special assessment district created at the request of the landowners to finance infrastructure or provide services made necessary by development within the CDA district . Special ad valorem taxes or assessments are levied on property (property owners) within the CDA district in order to pay for the financed improvements or services. The duration of special taxes or assessments installment payments vary, but typically last between 20 - 30 years from the inception of the CDA District.

What does the disclosure statement say?
The owner(s) makes no representations with respect to whether the property is subject to a community development authority approved by a local governing body pursuant to Article 6 (§ 15.2-5152 et seq.) of Chapter 51 of Title 15.2 and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary in accordance with terms and conditions as may be contained in the real estate purchase contract, including determining whether a copy of the resolution or ordinance has been recorded in the land records of the circuit court for the locality in which the community development authority district is located for each tax parcel included in the district pursuant to § 15.2-5157, but in any event, prior to settlement pursuant to such contract.

Why is this information important?
Prospective home buyers want to know if there are additional "voluntary" special taxes or assessments on the property.

Wastewater System

What is a Wastewater System?
It is a system that allows human and industrial effluents to be disposed of without danger to human health or unacceptable damage to the natural environment.

What does the disclosure statement say?
The owner(s) makes no representations with respect to the presence of any wastewater system, including the type or size thereof or associated maintenance responsibilities related thereto, located on the property and purchasers are advised to exercise whatever due diligence they deem necessary to determine the presence of any wastewater system on the property and the costs associated with maintaining, repairing, or inspecting any wastewater system, including any costs or requirements related to the pump-out of septic tanks, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement pursuant to such contract.

Why is this information important?
Prospective home buyers want to know if the property is served by public sewer or a private septic tank system; and best practices to maintain either wastewater system.

Stormwater Detention Facilities

What are Stormwater Detention Facilities?
Stormwater detention facilities provide storage and water quantity control through detention and/or extended detention of stormwater runoff. When a storm event occurs, stormwater runoff enters the detention facility. The outlet structure allows a portion of the stormwater runoff to discharge from the facility and the remainder of the stormwater runoff is temporarily stored. After the end of the storm, water continues to discharge from the facility until it is empty.

What does the disclosure statement say?
The owner(s) makes no representations with respect to the presence of any stormwater detention facilities located on the property, or any maintenance agreement for such facilities, and purchasers are advised to exercise whatever due diligence they deem necessary to determine the presence of any stormwater detention facilities on the property, or any maintenance agreement for such facilities, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement pursuant to such contract.

Why is this information important?
Prospective home buyers want to know if storm water detention facilities are on the property and best practices to maintain them.