Legal Question in Real Estate Law in West Virginia

Land Battle that has been going on for around 2 or 3 years

I have a neighbor who is claiming that ''we'' stole his property (our road). He has taken this to court and it has been about 2 or 3 years now and NOTHING has been done. We have lived here for about 13 years now and this road has always been here, even before we moved. I am a bit confused on why this is taking so long and no one is trying to do anything about it. At one point this guy went as far as blocking our road (driveway) and we had to make an alternative to even leave. The authorities said that this was okay for him to do and we should just leave it at that.. Does that sound fair or just?


Asked on 5/25/03, 5:18 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: Land Battle that has been going on for around 2 or 3 years

In the absence of an agreement between the parties, the court is the only place to resolve the issues. It is not unusual for the court to take no action. Courts tend to adjudicate cases which one or both parties actively pursue. The rules provide for dismissal if there has been no activity in 1 year. If you want it settled, bring the case on for hearing or trial.

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Answered on 5/26/03, 10:55 am


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