Lost in WV

This is a discussion on Lost in WV within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; I am trying to help someone I know...we'll call him Bob. Bob's owns his property. Adjacent to his property is ...

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Old Jun 6th, 2007, 04:12 PM   #1
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Confused Lost in WV

I am trying to help someone I know...we'll call him Bob. Bob's owns his property. Adjacent to his property is his parents property. His mother, Mary, died prior to his father. His father, John, committed suicide in 1992. Neither had a will. They had 6 children. All of Bob's siblings except one have previously agreed that the property should go to Bob. Bob's brother, Mark, says that he has a signed deed from John stating that he gets the property. Although, he has never and still refuses to present this document. He has never even turned it in to have it put in his name. The property has been maintained by and all taxes have been paid by Bob since 1992. No other family members have had an interest in using the property. The property is still in Mary and Johns name. Some of Bob's siblings are now deceased. Thus, i am assuming, their children and grandchildren now have some say in the property. Many of them live in different states throughout the country and would be extremely difficult to contact. If Bob dies and noone continues paying for and maintaining that property that is still in Mary and John's name, that property will be seized. He does not have the money to buy the property back if it is seized. Bob wants to keep the property in the family but will be unable to if he cannot get the property in his name. Bob does anything to avoid confrontation and conflict. What can he do? I have been told that a lawyer can make up a statement that can be sent to the remaining heirs to the property that states either they sign a waiver to give the property to Bob or they can reimburse Bob for the years of upkeep and taxes paid while continuing to contribute to the property in future years. Is that true? What are his options?
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Old Jun 6th, 2007, 04:20 PM   #2
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Unhappy Re: Lost in WV

I should clarify, the property has no debt attached to it. It is completely paid for. It is just a pile of dirt next to Bob's property.
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Old Jun 9th, 2007, 03:13 PM   #3
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Default Re: Lost in WV

That is true he can send such a paper. And they may agree to sign.

-- If two or more owners cannot agree on what to do with a piece of property they may petition the court and the court will order a sale or refinancing etc. so that the one or more may get out of the property obligation and/or the other(s) may keep it etc.--it is often done-- (This is true in some cases even for equitable owners that have paid various amounts etc., but for various reasons, may not be on title.)
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Old Jun 21st, 2007, 09:06 PM   #4
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Question Re: Lost in WV(new info)

Would squatters rights apply in this situation? Bob has been on the property since his father died in 1992.
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Old Jun 23rd, 2007, 12:37 PM   #5
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Default Re: Lost in WV

He could try that; he would need to hire counsel. You need long time use and no objections for that and it may not be the case here. But have a local lawyer briefly review it with you.
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