Get free answers to your Real Estate Law legal questions from lawyers in your area.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2024
Try bringing up to your County Commission.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
