Inwood, WV asked in Real Estate Law for West Virginia

Q: Part of a property given to me is in dispute and they are threatening me regarding it.

The piece in question was to be given to a deceased party who surveyed it but never recorded it. They passed away and the heir is now saying it was theirs. The lawyer who created the deed for the property that was given to me said it wad never recorded and not legal and so my deed reflects I own this portion. Now the heir is saying I have to give it to them or they will press charges against me.

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1 Lawyer Answer
Anthony M. Avery
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A: Do you have a recorded Deed which has a legal description including the disputed property? Hopefully you do and the grantor had title to convey. It sounds like you already have a lawyer that is telling you that you own it. Right now you might want to search your title again and possibly the adjoining landowners. In any case, it is up to the alleged heir to sue you for Ejectment unless you wish to file a Quiet Title action against him now. Keep paying taxes on it.

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