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West Virginia Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for West Virginia on
Q: Can I take action against a seller that covered up structural damage and lied on the property disclosure form?

I purchased a home six months ago and have since found that the seller lied on the property disclosure and covered up structural damage. There are areas in the basement walls that have patches and painted over, but since it is white paint on a white wall, you can only see it when the light is shone... Read more »

0 Answers | Asked in Real Estate Law for West Virginia on
Q: what is the disposition of condemned properties if they are not used for the purpose named in the condemnation suit?

IF a Railroad condemned 73 properties in 1991 ( case 2;91-cv-01172) for the purpose of extending an ICC-approved RR. and . the suit was entered PRO-NUNC-TUNC 08/01/1997 because they never followed through on plans to build. Can they still claim ownership 24 yrs later after not using the properties... Read more »

0 Answers | Asked in Real Estate Law for West Virginia on
Q: Am I entitled to property after ex spouse passed away?

5 years ago I was divorced from spouse in divorce order property was to be divided. After countless attempts to get ex to sell property or buy my half he refused due to his health and no where to live. He passed away I am making mortgage payments but his adult children insist they get his 50% of... Read more »

0 Answers | Asked in Real Estate Law, Civil Litigation, Civil Rights and Environmental for West Virginia on
Q: WV, HOA sinkholes, flooding camera inspect. shows rotten pipe my yard, recommended replacing. HOA refuses to pay for it?

HOA says sinkholes and flooding in my yard not due to 20ft collapsed drainage pipe in my yard, but blocked drains. Regardless is the HOA responsible for replacing the collapsed pipe as recommended by the company they hired to inspect the whole drainage system with cameras? I attempted to get a... Read more »

0 Answers | Asked in Landlord - Tenant, Contracts and Real Estate Law for West Virginia on
Q: Is a verbal agreement with one rent receipt and no contact binding in wv

I was selling my home to this guy for $1,000 he paid $500 down no contact just a rent receipt well him and his girlfriend started drama so I took it back to avoid the trouble but now he's saying he's pressing charges on me for receiving money on false pretenses and I'm going to jail,... Read more »

0 Answers | Asked in Real Estate Law for West Virginia on
Q: I’m the administrator of my fathers estate (in WV/ No will(). He was single, howeverI do have two half siblings.

Basically I’m asking for information on which (if any) rights they may have. I’ve paid for everything, back taxes, home improvements, etc… As the administrator am I able to sell the property myself since neither care whatsoever to help?

0 Answers | Asked in Real Estate Law for West Virginia on
Q: I want to sue the seller who did not disclose code violations on a property a bought in Weirton WV.

The property was assessed by the code enforcement officer to be “not feasible to rehabilitate”. and has been slated for demolition by the city. I bought it for $8000 in July 2020. I want to hire an attorney to send a letter to the seller requesting my money be refunded or that I will sue her.... Read more »

0 Answers | Asked in Real Estate Law for West Virginia on
Q: I have a 1/3 part interest in a property. Do I also need to sign the deed if it is being signed off by other two heirs?

I am also married. Does husband need to sign also. We are the grantees, not the grantors.

1 Answer | Asked in Real Estate Law and Probate for West Virginia on
Q: Husband inherited half a house, his sister won't buy out or sell and lives there. What can he do?

Husband and his sister inherited a house in West Virginia after their mom died in 2017. Sister had been living in the house since then and doesn't want to sell or buy out his half. Plus she has made the house much worse condition since it was left to him. Husband and I live in Arizona. What... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 28, 2021

Assuming there is sufficient equity, a suit for an Sale For Partition should be filed. Hire a competent WV attorney that knows real property litigation.

1 Answer | Asked in Real Estate Law for West Virginia on
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... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 17, 2021

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... Read more »

1 Answer | Asked in Real Estate Law for West Virginia on
Q: I’m in a 10 year contract to purchase a home coming up on year 2 can I sell it and if so how do I go about this .
Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2021

Assuming you have a Contract for a Deed, which is actually a Lease With Option to Purchase, you can probably only sell what you have which would be a sublease.

Read your Contract and see if it prohibits assigning your rights under the Contract. More than likely all you can do is leave it...
Read more »

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Is there a way to take real property back if sold with bill of sale and Deed and title not transferred
Anthony M. Avery
Anthony M. Avery answered on Aug 4, 2021

Real Property is usually conveyed by executing and delivering a Deed, as it is a Contract.

An agreement to sell is only equitable conversion, which can be enforced by a specific performance suit. If no Deed, title has not transferred, but the Contract can probably be sued upon. The...
Read more »

3 Answers | Asked in Real Estate Law, Identity Theft, Trademark and Wrongful Death for West Virginia on
Q: Echo Red was my Favorite shoes ever they was the best quality and clothing is timeless how would someone get the brand?

Trademark and holding information I’d like to really revive this brand. I heard they went bankrupt or the revenue didn’t compensate for the money spent. But no wonder everything I ever seen is top quality.

Bill Hulsey
Bill Hulsey answered on Jun 6, 2021

Check USPTO TESS data base. It includes dead trademarks. There are other sources, too.

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1 Answer | Asked in Divorce, Personal Injury, Real Estate Law and Insurance Defense for West Virginia on
Q: Need help filing a dismemberment claim
Tim Akpinar
Tim Akpinar answered on Jun 21, 2021

A West Virginia attorney could advise best, but your post remains open for three weeks. At this point, you could reach out to West Virginia attorneys. If the dismemberment involved loss of an extremity in a work-related setting, it could involve element of workers' comp law. But if it was... Read more »

1 Answer | Asked in Contracts and Real Estate Law for West Virginia on
Q: I have P.O.A. for my son, and I am conservator for him. We want to sell his house and need advice.

Does power of attorney, which was obtained before the conservator ship, allow me to sell this property?

Anthony M. Avery
Anthony M. Avery answered on May 5, 2021

The power of attorney was revoked by the Order of Conservatorship. You must petition the Court to sell the Ward's real property with the proceeds to be used for his benefit. Hire a competent attorney to handle this Conservatorship proceeding. A Guardian Ad Litem might be appointed here.

Q: My grandpa died and almost a year later his will was changed.

The will stated that if my dad dies everything goes to my step mom but my dad died before my grandpa so that doesnt make any sense and I was told by granpda when he passed the house was to be sold and split between grandkids but we are not mentioned at all in this will

Tim Akpinar
Tim Akpinar answered on May 2, 2021

A West Virginia attorney could advise best here, but your post remains open for two weeks. I'm sorry for the loss of your grandfather. You could repost your question and add Probate and Estate Planning as categories, as you mention a will. There's no guarantee all posts are picked up, but... Read more »

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Do my neighbors have claim on the land I just purchased?

My husband and I purchased the acreage above our house. We got it surveyed to put up a fence for goats. We found out thE neighbors have trash, a dog pen, and a make shift shooting range (shooting towards my house) on our property. The land owner told me husband since they were on our land they... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 12, 2021

Adverse Possession is very real and can transfer title to real property. Hire a lawyer now to search the two adjoining tracts. The payment or non-payment of taxes for several years may be significant here. Your surveyor should have told you of evidence of adverse possession, and you have... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for West Virginia on
Q: My dad died and his land went to my 2 brothers and I. They got an offer to sale, I do not want to sell can they make me.

2nd if the land is wanting to be bought by realtor can they give my brothers legal advise on how to get me out. Like taking me to court

Anthony M. Avery
Anthony M. Avery answered on Oct 16, 2020

You might buy out their (probable) one-third interests) and get a Deed from them. It could even be an owner financed mortgage. But ultimately the Brothers can file a Partition Action against you, which usually does not bring the best price. Realtors are not attorneys but agents on... Read more »

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Where can I find case law on West Virginia life estate?

I am the remainderman of a life estate. I'm trying to recover the taxes that I paid for the life estate holder.

Anthony M. Avery
Anthony M. Avery answered on Aug 12, 2020

You will need to hire an attorney to see if there is a cause of action against the life tenant for contribution. But the taxes are against the land which both of you own. So either of you must pay the taxes or you lose the land. Probably the only way to recover your paid in taxes is a Petition... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for West Virginia on
Q: Can I get my sister off the deeds land/house in WV. I'm the only one paying the taxes since my parents passed away 2012

My parent passed away 2012. We Auctioned everything expect for almost 100 acres of land and 1 house with land. My sister has been on drugs, in and out of jail. The house and land are still in the estate with the sheriff office in Randolph county WV. Because there was no will an we could not figure... Read more »

David Ostrove
David Ostrove answered on Mar 5, 2020

You may be able to gain title by adverse possession, but you really need an opinion from a WV lawyer. All property law is state law. All best wishes.

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