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West Virginia Real Estate Law Questions & Answers
2 Answers | Asked in Contracts and Real Estate Law for West Virginia on
Q: How do we transfer a deed in WV and the cost involved?

My nephew has a contract on a house in West Virginia that he doesn't want. I intend to pay off the house, and once that's done, he plans to transfer the property to me. How can we transfer the deed, and what costs are associated with this process?

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answered on Sep 30, 2025

You are not guaranteed that once you make the final payments the landowner will deed the land to nephew.

Get Deed drafted to present to him for payment in full. If he refuses to convey, or files a detainer action prior to this, then nephew must sue him for breach of contract. Also... View More

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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... View More

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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

Anthony M. Avery
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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.

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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

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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

2 Answers | Asked in Real Estate Law and Civil Litigation for West Virginia on
Q: My neighbor wrongfully signed a power line R.O.W. using my deed. What to do?

I recently discovered in October 2025 that my neighbor signed a power line right-of-way (R.O.W.) agreement for the power company, using my deed with their signature as the grantor. This agreement concerns my property in West Virginia. My neighbor has since sold their property, and there have been... View More

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answered on Nov 9, 2025

If what you say is true, then the utility knew the grantor had no authority. But hire a WV attorney to search the title. Then you can decide if you want to sue the utility for a declaratory judgment, which is going to be hard. The ROW may render your property almost useless.

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2 Answers | Asked in Probate and Real Estate Law for West Virginia on
Q: What deed is needed to transfer inherited property to my name in WV?

I inherited property from my mother, as specified in her will, which has already gone through probate. My brother was also listed as a beneficiary, but I bought out his share (through an attorney), and we have documentation of this transaction. There are no disputes or mortgages on the property,... View More

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answered on Oct 16, 2025

The Will Book, Page Number of the probated Will should be your source of title if you stated the correct facts. The Executor might also give you a Deed from the Estate. Consult with a WV attorney and search the title. Start paying property taxes.

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1 Answer | Asked in Landlord - Tenant, Civil Litigation, Civil Rights and Real Estate Law for West Virginia on
Q: Can a landlord evict without notice while violating lease in WV?

Can a landlord, who is also a district attorney, evict me without notice and in violation of our lease agreement after I requested an explanation for additional charges? The court has denied me the ability to submit a motion and evidence showing that the lease was violated and I was living in... View More

James L. Arrasmith
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answered on Sep 12, 2025

In West Virginia, a landlord generally cannot legally evict a tenant without providing proper notice, even if the tenant has raised disputes over rent or lease terms. Your lease agreement sets the rules for eviction timing, and filing for eviction earlier than allowed can be considered a violation... View More

1 Answer | Asked in Energy, Oil and Gas, Real Estate Law and Tax Law for West Virginia on
Q: Can I buy delinquent mineral rights through a tax sale in WV?

I am interested in purchasing mineral rights in Ritchie County, WV, where the 2024 taxes are delinquent. I've never attended a tax sale, and I need guidance on the process. Specifically, I would like to know if I'm able to buy these mineral rights through a tax sale, and at what point I... View More

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answered on Sep 8, 2025

In West Virginia, you can purchase delinquent property at a tax sale, but mineral rights are treated differently from surface rights. Tax sales usually involve the sale of property taxes owed on the land itself, and the rights sold may or may not include the underlying mineral rights. You’ll need... View More

1 Answer | Asked in Business Law, Contracts and Real Estate Law for West Virginia on
Q: Legal actions for co-owner dispute over timeshare and RCI account in WV

I am co-owner of a timeshare and have been solely paying all taxes, maintenance fees, and RCI membership fees for years. The other owner, who has not contributed financially, is now attempting to add their name to my RCI account and use the points I've accumulated over years. What legal... View More

James L. Arrasmith
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answered on Sep 2, 2025

Co-owning a timeshare can get complicated when one person shoulders all the financial responsibility while the other still holds ownership rights. Since you’ve been paying the taxes, maintenance, and RCI fees, you have a strong argument that the benefits of the account and points should remain... View More

1 Answer | Asked in Family Law and Real Estate Law for West Virginia on
Q: What is Entity of Title on home insurance

Home jointly owned. One spouse changed home insurance to their name only and it stated Entity of Title on insurance

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answered on Sep 2, 2025

The “Entity of Title” on a home insurance policy refers to the legal owner or ownership arrangement of the property as it appears in the title records. It shows who holds the legal rights to the property, whether that’s an individual, a married couple, or even a trust or business entity.... View More

2 Answers | Asked in Estate Planning and Real Estate Law for West Virginia on
Q: Will my children inherit mortgage responsibility if wife has lifetime rights?

In my will, I am granting my house and property in West Virginia to my children, with my current wife having lifetime rights to live in the house. There is a 30-year mortgage solely in my name, and my children understand the mortgage exists. My wife has no affiliation with the mortgage or property... View More

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answered on Aug 11, 2025

Unless your devisees assume the mortgage, they take subject to the mortgage and are not personally liable for the debt. But if the debt is not paid then the mortgagee will foreclose. Owning real property as a tenant in common does not require all TIC's pay the secured debt, and taxes on... View More

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1 Answer | Asked in Probate and Real Estate Law for West Virginia on
Q: Legal steps to take possession of a house abandoned by a lifetime rights holder in WV.

My brother passed away and left his wife lifetime rights to the house on our family land. She has moved out, padlocked the house, and stopped communicating with us, while buying another house over two months ago. The land belongs to our family, and we want to know how we can legally take possession... View More

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answered on Aug 5, 2025

Consult with a WV attorney to search the title, examine the will if probated, then possibly file a quiet title action and ejectment action to have her rights terminated, and put the remaindermen in possession.

1 Answer | Asked in Probate and Real Estate Law for West Virginia on
Q: Validity of a 1989 WV deed of correction affecting property conveyance.

I want to understand the validity of a deed of correction recorded in 1989 in West Virginia. This correction seeks to address a 1986 deed of conveyance for 1/2 of a 1/2 acre parcel, yet it doesn't delineate which 1/4 of the 1/2 acre was conveyed. The original grantee re-conveyed all his... View More

James L. Arrasmith
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answered on Jul 19, 2025

You’ve uncovered a tricky chain of title, and it makes sense to question whether that 1989 correction deed really shifted ownership back to the grantee. In West Virginia, any deed must clearly describe the land so a third party can locate the boundaries; a “correction” that omits which... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights and Real Estate Law for West Virginia on
Q: Accused of harassment by tenant, facing eviction without proof. How to resolve?

I had a visitor at my apartment several times, and another tenant, who is jealous and uninvolved, started accusing me of harassment even though we don't interact. The other tenant called the cops and told the property manager lies about me. The police told me to "leave her alone" but... View More

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answered on Jul 19, 2025

This situation sounds deeply unfair and stressful, especially when you're being threatened with eviction over something you didn’t do. It's hard when false accusations gain traction and you're left trying to defend yourself without any evidence of wrongdoing on your part. The fact... View More

2 Answers | Asked in Real Estate Law, Civil Litigation and Contracts for West Virginia on
Q: Removal from property ownership due to outdated deed filing by aunt.

I received a 50% stake in a family property from my mother, while my aunt owned the other 50%. We filed and recorded the new deed through a lawyer in January. Today, I discovered a new deed filed in April using the outdated deed, which removed me from ownership without my consent or knowledge. I... View More

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answered on Jul 15, 2025

Hire a WV attorney to search the title. Then you may need to sue to set aside a deed or at least Quiet Title. Time is of the essence.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for West Virginia on
Q: How can I terminate my lease due to unresolved apartment issues?

I'm seeking advice on terminating my lease due to unresolved issues at my apartment. I first reported raccoons in the ceiling to my landlord on May 30th, and although the raccoons are gone, the ceiling remains stained with urine and fecal matter. The insulation and wiring are exposed, which... View More

James L. Arrasmith
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answered on Jul 6, 2025

You have the right to terminate your lease if your landlord has failed to maintain the premises in a safe and habitable condition. The presence of animal waste, exposed insulation and wiring, and an infestation of flies and spiders are more than minor inconveniences—they directly affect your... View More

2 Answers | Asked in Foreclosure, Gov & Administrative Law and Real Estate Law for West Virginia on
Q: Seeking legal options to prevent foreclosure due to refused payments and growing debt.

I was three months behind on my mortgage payments due to a loss of income. I tried to make a payment for the fourth month to get back on track, but the company wouldn't accept my payment. I've explained that I'm raising my two grandkids and caring for my 73-year-old father with... View More

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answered on Jun 24, 2025

Apparently your lender wants the house. Either refinance immediately or file a CH 13 Bankruptcy and make 60 payments to the Trustee before any other expense.

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