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answered on Nov 13, 2023
That is a method to terminate an easement. The offended adjoining landowners must file suit to declare their easement rights in the servient estate. Hire a WV attorney now.
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answered on Oct 30, 2023
I do not understand your question... But the beneficiary is the noteholder/lender. VA guarantees the loan to the lender. Any payoffs go to the noteholder unless the VA has already took over from a note default, and then VA gets payoff but usually forecloses first.
B) if we agreed in divorce that he’d get the house (before any mineral rights existed) am I entitled to any money from the sale when I’m still on deed?
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answered on Oct 20, 2023
Probably not as the DV decree will revest all rights in that real property to one of the parties. You might be able to reopen the DV. Consult with at WV attorney who will need to look at the DV file, search the title, and examine WV marital property distribution, especially mineral rights. If... View More 
My business purchases a property with another business and they are renting it out. Is that legal?
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answered on Oct 4, 2023
Assuming the owners are tenants in common, either TIC can lease the property. The unpaid TIC can sue the other for contribution. A suit for a Sale For Partition may be necessary.
The owners of the lot next door to mine are using a driveway across my property to access their cabin even though there is a driveway on their property. Yesterday I found that they had put their address sign on the driveway on my property. I took it down and they called and gave me a sad story that... View More
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answered on Aug 14, 2023
Adverse Possession of some of your property is possible here. Hire a WV attorney to search both titles, and possibly hire a surveyor. You may need to file suit for a Boundary Dispute, Injunction, Quiet Title, Declaratory Judgment, etc.
I was intentionally attached to a property dispute by a local surveyor, who at this time is under investigation by the WV Board of Professional Surveyors, for not only the perjury I have shown said surveyor committed with his Affidavit used in the property dispute, but also, the surveyor was... View More
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answered on Jun 28, 2023
You will need to hire a WV attorney to prepare and file suit against the surveyor. The SOL against surveyors can be short, so call today. Your personal injury torts probably have no place here. Hopefully you have provable damages, and you will need another surveyor to testify to the... View More
Will the proceeds get taxed capital gain if I take my time 1 to 2 years not buying another house. Proceeds of the home sales is less than $100K
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answered on Mar 23, 2023
If you meet certain conditions, you may exclude the first $250,000 of gain from the sale of your home from your income and avoid paying taxes on it. The exclusion is increased to $500,000 for a married couple filing jointly.
1) Your home sale must not have been property you acquired in a... View More
we filed it 9/2/2021, we are still waiting for an answer-they have held onto our case for 559 days Case no 21-0164 We filed an Injunction on 1/9/2023-no answer
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answered on Mar 15, 2023
Hire a competent WV attorney. Move for a default judgment for the relief you want. With real property it should be very precise. If the title is involved, a certified copy of the judgment should be recorded with land records.
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answered on May 17, 2022
If the property goes through his Estate, then it has a cloud on the Title. No reasonable purchaser would want such title, but they might buy it cheap and get a Quit Claim Deed. If she is the executrix, it might be grounds to remove her.
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... View More
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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.
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... View More
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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... View More
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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... View More
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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... View More
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.
answered on Jun 6, 2021
Check USPTO TESS data base. It includes dead trademarks. There are other sources, too.
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... View More
Does power of attorney, which was obtained before the conservator ship, allow me to sell this property?
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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.
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
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... View More
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... View More
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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... View More
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
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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... View More
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