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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 
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
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answered on May 28, 2024
You do not have to make yourself available to receive the summons and complaint. But you cannot attack the process server either. And intentionally avoiding service gives the plaintiff grounds to serve you by publication. If you get served, then hire an attorney. If not, forget about it.
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
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... View More
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.
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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
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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.
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
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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
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
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answered on Apr 13, 2025
Based on property law principles applicable to your situation, you may have viable legal claims against the adjacent parking lot owner under theories of nuisance, trespass, and negligence. When a neighboring property causes water to flow onto your land in an unnatural manner or at increased volume,... View More
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
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answered on Apr 12, 2025
It sounds like you’ve been through a challenging situation, and there may be some legal options available to you. Since your father passed without a will, his estate would have been divided according to West Virginia's laws of intestate succession. The issue with the deed, especially with... View More
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
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answered on Apr 12, 2025
You may be able to ask a magistrate court to order the installation of a drainage system to address the flooding, especially if you can demonstrate that the parking lot’s design is directly contributing to the damage. Since you’ve documented the flooding and the damage to your property,... View More
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
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answered on Apr 12, 2025
You’ve been through an incredibly difficult and traumatic situation, and your frustration is completely justified. If Aaron’s Leasing filed a lawsuit using a false address to avoid proper service, you may have grounds to challenge the case as fraudulent or abusive of the legal process. If the... View More
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
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answered on Apr 11, 2025
What you’re dealing with feels like a breach of trust, especially after you made your interest clear and even paid a deposit based on a specific unit. In West Virginia, fraud generally involves intentional misrepresentation or deceit that leads someone to take action they wouldn’t have taken... View More
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
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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.
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
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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.
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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.
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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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.
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