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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
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
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.
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 am considering selling my house without the help of a real estate agent to avoid paying their fees, but I understand there might be costs associated with using a real estate attorney. I have not yet consulted one. I have no previous experience in selling property and am unfamiliar with the... View More
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answered on Jun 12, 2025
Selling your home without a real estate agent in West Virginia is entirely possible, but it does come with extra responsibility on your part. You’ll need to handle pricing, marketing, showings, and negotiation on your own. This can be a bit overwhelming if it’s your first time, but many sellers... View More
My father recently passed away, leaving an estate in Greenbrier County, WV. The property deed is in both my deceased parents' names. There's no Transfer on Death (TOD) provision, but the will names my sister and me as beneficiaries, with our brother as a contingent beneficiary. The estate... View More
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answered on Jun 11, 2025
It’s understandable to hope a simple deed filing will do, but in West Virginia real property generally can’t change hands without some form of probate— even when the estate is modest. A “small-estate” shortcut exists (W. Va. Code § 44-1A-1) for estates valued under \$100,000, yet that... View More
I inherited mineral rights in West Virginia under an 1892 lease stipulating 'the 1/16th part of all oil and gas.' EQT is offering to pay for 1/2 mineral interest but requires a declaratory action or quiet deed for verification, referencing a WV appellate case (Nicholson vs Severin) that... View More
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answered on Jun 11, 2025
It sounds like you’re in a tough situation, especially with the complexity of mineral rights law in West Virginia and the historical nature of your lease. The language in the 1892 lease—“the 1/16th part of all oil and gas”—was common back then, but it often leads to confusion today.... View More
I am facing several legal issues in Barbour County, West Virginia, including an illegal eviction where the new tenants admitted to disposing of our property under WV Code §37-6-30 and threatened to disclose my location to a person who tried to murder me last year. Despite this, Barbour County... View More
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answered on May 14, 2025
What you’re going through is incredibly serious, and you’ve already taken the right step by gathering evidence and identifying the violations clearly. When local law enforcement refuses to act, you have every right to go higher. Start by filing a formal report with the West Virginia State... View More
I'm looking to transfer property ownership from my father to myself as stated in his will. There is no mortgage on the property, and both my mother and father agree with this transfer. What would be the costs and steps involved in making the deed for this transfer?
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answered on May 9, 2025
It may be quicker and cheaper to determine heirship and get a Deed from the other heirs to you. Otherwise you have to probate the will, which is expensive and a lengthy process. Hire a WV attorney.
I bought a property in 2006 that already had tenants living there. One tenant claims to have lifetime rights to live there granted by the previous owner, which I was not informed about during the purchase. I found court records confirming the original owner signed a document granting lifetime... View More
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answered on May 5, 2025
If you got a warrant deed, sue grantor for breach of warranty. If not, then you are left with suing occupant for ejectment. Hire a competent WV attorney to search title and file a difficult, expensive suit.
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.
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