Do You Need a Lawyer to Buy or Sell Land in Virginia in 2026?

Buying or selling land in Virginia can feel straightforward—until it isn’t. Between title issues, zoning limits, environmental rules, financing terms, and closing requirements, even “simple” land deals can turn into expensive delays. The good news: Virginia law generally doesn’t require you to hire an attorney to buy or sell land. The better news: in many real-world scenarios, having a real estate attorney can protect your money, your timeline, and your long-term plans for the property.

Virginia remains an active land market, especially for agricultural and rural property. In 2023, Virginia recorded 1,461 agricultural land transactions, down 32.3% from 2,159 the prior year, and the total acreage sold fell by 49,870 acres to 96,735 acres, with the average sale sized at 65.7 acres—signals of a market where fewer deals may involve higher scrutiny and more negotiation (Virginia Cooperative Extension). At the same time, prices still demand careful diligence: Virginia agricultural land sold in 2023 averaged $5,464 per acre (Virginia Cooperative Extension).

Zooming out, land values remain elevated nationwide. U.S. farmland values hit a record $4,350 per acre in 2025, reflecting the broader pressure that can affect Virginia pricing and buyer competition (American Farm Bureau Federation). When more dollars are on the line, legal mistakes cost more.

The Nuts and Bolts of a Virginia Land Transaction

Most Virginia land deals follow a familiar path, but each step can hide legal consequences:

1. Identify the property and confirm intended use (residential, agricultural, recreational, commercial).
2. Make an offer and negotiate key terms (price, inspections, contingencies, closing date).
3. Run a title search to uncover liens, easements, restrictions, or ownership gaps.
4. Order a survey to confirm boundaries, encroachments, access, and acreage.
5. Confirm zoning and land-use compliance (and whether future development is realistic).
6. Finalize financing or cash closing requirements, including lender conditions.
7. Close by signing and recording documents and transferring funds.

These steps look simple on paper. In practice, the “details” often determine whether you can build, subdivide, farm, access the property legally, or resell without problems.

Do You Need an Attorney to Buy or Sell Land in Virginia?

In many cases, you can legally buy or sell land in Virginia without an attorney. But the smarter question is whether you can do it safely—especially when the property is rural, unimproved, agricultural, or tied to long-term plans like building, development, timbering, or leasing.

Recent market patterns also suggest buyers and sellers are operating in a more selective environment. Virginia Sales/Assessment Ratio studies show a 20.4% decrease in overall land transaction volume since the COVID-19 real estate boom, and agricultural transactions decreased by 18.2% in the same studies (Virginia Cooperative Extension citing Virginia Department of Taxation). In slower or more competitive markets, contract terms, due diligence deadlines, and negotiation strategy matter more—and legal review can keep you from conceding risks you didn’t intend to take.

Why Many Virginia Land Buyers and Sellers Choose an Attorney

1) Clear guidance through Virginia-specific rules

Land is regulated differently than a typical home sale. Zoning classifications, subdivision rules, road frontage requirements, septic and well approvals, conservation restrictions, and environmental compliance can all affect what you can do with the property. An attorney helps you connect your intended use to what the law and local ordinances actually allow.

2) Title problems can follow the land

Unresolved liens, disputed ownership, old deed errors, access issues, and easements can reduce value or block financing. A real estate attorney can interpret title commitments, negotiate cure requirements, and help structure solutions before closing—when you still have leverage.

3) Contracts define your risk (not just your price)

The purchase agreement controls deadlines, deposit rules, representations, remedies, and what happens if something goes wrong. An attorney can draft or revise contract language to match your goals, reduce ambiguity, and prevent “gotcha” clauses that create liability after closing.

4) Complex land features require specialized handling

Transactions involving mineral rights, timber rights, boundary adjustments, shared driveways, conservation easements, trusts, estates, or partial parcels often require legal documents beyond a standard contract. An attorney can coordinate the right paperwork so the deal remains enforceable and recordable.

5) Disputes are cheaper to prevent than to fight

When disagreements arise—over repairs, acreage, access, title defects, or closing delays—an attorney can respond quickly, document positions correctly, and negotiate resolutions that keep the transaction intact.

When You Really Shouldn’t Skip the Lawyer

High-value acreage purchases

With Virginia agricultural land averaging $5,464 per acre in 2023, even small mistakes can translate into large losses, especially on larger tracts (Virginia Cooperative Extension). When the numbers grow, legal review becomes a practical form of risk management.

Commercial or development intent

If you plan to build, subdivide, lease, or run a business on the property, you need confidence about zoning, permits, access, utilities, stormwater requirements, and enforceable recorded rights. Attorneys often coordinate with surveyors, engineers, and local governments to reduce the chance of buying land you can’t use as planned.

Known “problem properties”

Boundary disputes, contamination concerns, unclear access, family transfers, or inherited land can create title and liability risks. Legal counsel helps you quantify those risks and structure protections—like escrow holdbacks, cure requirements, or contract termination rights.

Out-of-state buyers or sellers

Virginia localities can vary significantly in land-use enforcement and permitting. A Virginia attorney can translate local requirements, coordinate remote closings, and make sure your documents and recordings comply with Virginia practice.

Non-traditional or “creative” financing

If the deal includes seller financing, installment terms, private notes, land contracts, or unusual lender requirements, an attorney can ensure the documents match Virginia law and reduce enforcement problems later.

How Today’s Agricultural and Labor Realities Can Affect Land Deals

Modern land decisions also connect to operational realities—especially for farm buyers and sellers. In 2025, about 150 Virginia farms filed clearance orders with the Virginia Department of Workforce Development and Advancement, highlighting how labor availability and policy uncertainty can directly impact farm operations and land value assumptions (WHRO Virginia Center for Investigative Journalism). If your purchase depends on agricultural income, leases, or expansion plans, legal review can help align the deal structure with operational risk (for example, through contingencies, disclosures, or lease documentation).

Is a Real Estate Attorney Worth the Cost?

For many buyers and sellers, the value comes down to risk reduction and clarity:

• Problem prevention: Attorneys often spot title, survey, zoning, and contract issues before they become closing failures.
• Better control of timelines: Clear deadlines and enforceable terms reduce last-minute surprises.
• Negotiation leverage: Strong contract language can shift risk to the party best able to manage it.
• Peace of mind: You close knowing the documents match your intent and are properly recorded.

Budget-Friendly Alternatives (When Full Representation Isn’t Practical)

If you want legal protection without full-service representation, consider:

• Limited-scope attorney review: Hire an attorney to review the purchase agreement, title commitment, and survey—and advise on the biggest risks.
• Title company support: Title companies handle important closing functions and can facilitate title insurance, but they cannot replace legal advice.
• Experienced real estate agents: Agents help with pricing, marketing, and negotiation strategy, but they are not licensed to provide legal counsel.

How to Choose the Right Virginia Land Attorney

1. Prioritize land and rural transaction experience (not only residential closings).
2. Look for local knowledge in the county or region where the land sits.
3. Ask how they handle title and survey issues and whether they regularly coordinate with title companies and surveyors.
4. Confirm fee structure upfront (flat fee vs. hourly, and what’s included).
5. Check responsiveness—land deals often move on deadlines, and slow communication can cost you leverage.

Final Thoughts

You can buy or sell land in Virginia without an attorney, but that doesn’t always mean you should. Land transactions often involve unique risks—access, boundaries, easements, zoning, and title defects—that don’t show up until they disrupt financing or block your intended use.

Virginia’s land market is also shifting. Agricultural land represented just 1.44% of total Virginia land sales market share in recent data (Classes 5 and 6 combined), which can make specialized knowledge even more valuable when you’re operating in a smaller, more technical segment of the market (Virginia Cooperative Extension). And with fewer transactions overall since the post-COVID boom, each deal’s terms and due diligence steps carry more weight (Virginia Cooperative Extension citing Virginia Department of Taxation).

If the property is high-value, complex, tied to agricultural operations, or intended for development, an attorney can help you close with confidence—and avoid inheriting problems that outlast the transaction.

Frequently Asked Questions (FAQs)

Do I legally need a lawyer to buy or sell land in Virginia?

Not in most cases. Virginia generally allows buyers and sellers to complete land transactions without hiring an attorney. However, many people still use one to reduce risk and ensure the contract, title, and closing documents match their intent.

What does a real estate attorney do in a Virginia land deal?

• Drafts or reviews the purchase agreement and addenda
• Reviews title search results and resolves title defects
• Interprets surveys, easements, and access issues
• Advises on zoning, land-use limits, and permitting risk
• Negotiates solutions when problems arise before closing
• Reviews closing documents to ensure correct transfer and recording

Can my real estate agent handle the legal side?

Your agent can guide pricing, marketing, and negotiations, but they can’t provide legal advice or draft legal terms beyond standard forms in many situations. If the deal involves title issues, easements, unusual financing, or development plans, legal review can be the difference between a clean closing and a long-term problem.

What are red flags that mean I should call an attorney?

• Unclear access, shared roads, or disputed rights-of-way
• Boundary or acreage concerns that require a survey interpretation
• Clouded title, liens, or ownership complications
• Estate, trust, foreclosure, or family-transfer transactions
• Commercial use, development, or subdivision intent
• Environmental concerns or restrictions (including conservation easements)