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West Virginia Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for West Virginia on
Q: Can I take legal action to mandate a drain installation and seek compensation for parking lot damage?

I own a property next to a parking lot, and vehicles have caused damage to my retaining wall by pushing wheel stops against it. Additionally, stormwater flooding has worsened under my sidewalk and building due to the parking lot's slope and lack of a storm drain, confirmed by my... View More

0 Answers | Asked in Real Estate Law, Civil Litigation and Environmental for West Virginia on
Q: Can I ask a magistrate court to mandate drainage installation for a damaging parking lot?

I own property adjacent to a parking lot, and cars have crossed the property line, damaging my retaining wall by pushing heavy wheel stops against it. Additionally, storm water is now flooding beneath my sidewalk and building due to the sloped parking lot lacking a storm drain. My engineer... View More

Q: Can I countersue Aaron's Leasing for fraudulent filing and theft related to an illegal eviction in WV, and what are the legal options for threats and stolen property?

I'm dealing with theft, illegal eviction, and fraud in Randolph County, WV, and need help holding multiple parties accountable. My landlord illegally evicted me in March 2025, with new tenants stealing over $10,000 in property. Aaron's Leasing filed a fraudulent lawsuit against me using... View More

0 Answers | Asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for West Virginia on
Q: Is changing agreed apartment unit without consent considered fraud?

I'm dealing with an issue involving an apartment complex. They initially emailed me a brochure with a specific unit number, which I expressed interest in and received confirmation of its location. I also called to confirm its availability and was told it was still available, prompting me to... View More

1 Answer | Asked in Real Estate Law and Contracts for West Virginia on
Q: How can my mom remove her ex from mortgage in WV?

My mother lives in Parkersburg, WV, and her boyfriend is listed on the mortgage with her. He moved out in January 2023 and no longer resides at the property. Since then, all mortgage payments have been made. He wishes to be removed from the financial obligation of the home and is willing to sign a... View More

Anthony M. Avery
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answered on Mar 24, 2025

She will have to refinance the mortgage if she cannot pay it off now. Lender is not going to remove a notemaker unless fully paid. Get the quit claim deed now, but do not record it until the note is paid because of a probable due on sales clause.

0 Answers | Asked in Probate, Real Estate Law and Civil Litigation for West Virginia on
Q: My father died without a will in WV. I signed away my property rights before 18, name misspelled on deed. Brother forced property transfer. No previous action taken. Brother died recently, his son claims property. Agreement made in will to leave property to another family member. Can I reclaim my rights?

I live in West Virginia. My father passed away without a will, and in 1977, I was made to sign over my property rights before I was 18. My name was not spelled correctly on the deed. My brother forced my mother to give him the property without any compensation. There are copies on file at the... View More

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Can I get reimbursed or obtain property rights after paying taxes on a vacant house?

I recently established residence in a house in West Virginia and paid the 2024 real property taxes. There is no formal agreement with the property owner, but the property was vacant. I have been living there continuously. How can I either get reimbursed for the taxes I paid or obtain rights to the... View More

Anthony M. Avery
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answered on Mar 4, 2025

You do not get paid back. Getting the tax officials to get it up for a tax sale might be advantageous. But you need to search the title first, and might need legal advice about it.

1 Answer | Asked in Real Estate Law for West Virginia on
Q: If land is deeded in 2 peoples names can 1 of the owners put a home on the land without the other party being included?
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answered on Nov 11, 2024

Assuming the owners are tenants in common, either can possess and/or improve the property. But any improvement is permanent affixed to land and is owned by both tenants. Hire a WV attorney to search the title and advise accordingly.

2 Answers | Asked in Real Estate Law, Admiralty / Maritime, Civil Rights and Land Use & Zoning for West Virginia on
Q: I live on a small island in the middle of the river in a tree house how do I obtain an address so I can get assistance 9

911 refuses to give an emergency address and gets aggressive when I ask ive been here 4 years now

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answered on Sep 5, 2024

Try bringing up to your County Commission.

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1 Answer | Asked in Real Estate Law for West Virginia on
Q: If I won in court to get deed on property how long did they have to give it to me
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answered on Jul 22, 2024

Your lawyer should have already prepared a proposed Order for the Court concerning your Judgment, and proffered it to the Court. After entry of the Judgment, your lawyer needs to draft a Deed and send it to the Defendants for execution. If they refuse, move the Court for the Court Clerk to... View More

2 Answers | Asked in Real Estate Law for West Virginia on
Q: I received a call and am not sure if it's a scam or something I need to deal with.

I had a message on my answering machine with a name and possibly company I couldn't understand, saying that it was a final attempt to serve a court summons and that someone over 18 needed to be here to sign and that failure to call back would result in fines and penalties under Title 18... View More

John Michael Frick
John Michael Frick
answered on May 28, 2024

First, it is not uncommon for a process server to call a person on whom they are serving a summons to arrange a convenient time to deliver the summons.

Second, it is not uncommon for scammers to use this type of call as a ploy to find out when you are home, usually to burglarize you at a...
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1 Answer | Asked in Real Estate Law, Civil Rights, Legal Malpractice and White Collar Crime for West Virginia on
Q: Is it legal for a attorney to rewrite and record deeds changing the description in the process of doing a deed of trust?

Recorded Deed of survey that I purchased and declared erroneous. Atty represented a bank that was in process of refinancing my home. I live in wood county Wv.

James L. Arrasmith
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answered on Mar 4, 2024

In the legal process of refinancing a home or handling real estate transactions, attorneys and banks often work with existing property deeds, which may include amending or rewriting them for accuracy or to reflect changes in the property's status. However, any changes to the description of the... View More

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Aunt willed land to family member. Then she changed it.. but he already put a double wide on that land. Can he leave
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answered on Feb 19, 2024

Will has no effect until testatrix dies and her will is filed for Probate. It can be changed or destroyed anytime before her death. Apparently family member improved her land as a gift. Hopefully he can remove it still.

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Did my Title Search lawyer screw up?

I purchased some acreage in the Summer of 2023. I knew there was a right of way for a natural gas pipeline through the property, but to date, I've never seen a copy of that agreement. I don't know what my rights and responsibilities are regarding that pipeline - or if I should even be... View More

Anthony M. Avery
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answered on Dec 26, 2023

Search your title and look for encumbrances such as the easement for the pipeline. It probably does not include lease payments and is perpetual. If the law firm represented you, which is doubtful, then make them disclose the title to you. However most likely you did not hire an attorney and... View More

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Can one land owner close a property that has been used as a rightaway for over 25 years?
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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.

1 Answer | Asked in Estate Planning and Real Estate Law for West Virginia on
Q: With a VA loan can the beneficiary pay it off or does it revert back to the va?
Anthony M. Avery
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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.

1 Answer | Asked in Real Estate Law, Divorce and Family Law for West Virginia on
Q: Divorced ‘09 ex’s lawyer wants my signature to take my name off deed to sell all mineral rights. A) will I owe taxes

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?

Anthony M. Avery
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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

1 Answer | Asked in Real Estate Law for West Virginia on
Q: Real estate question is this legal? Please see more info

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.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for West Virginia on
Q: Can the owners of the lot next to mine claim ownership of part or all of my property?

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

Anthony M. Avery
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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.

1 Answer | Asked in Real Estate Law for West Virginia on
Q: How do I file charges against a Land Surveyor for Malpractice, Negligence, Felonies Tort, and other charges?

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

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