Legal Question in Real Estate Law in West Virginia

No recorded deed for landed that was inherited.

I inherited land from a friend over a year ago. The problem is that this land (deed) was never recorded at the court house in West VA. I have a copy of the deed that was drawn up between the deceased and two other men (showing where it had been signed and notified back in 1990). There is 28 acres. I inherited 14 and the other men have seven acres each. I have asked the two men to record the original deed, but they say they do not have it. I have been patient long enough and want to know if I have a case against them. The only other proof I have of the deceased interest in the land is several cancelled checks made out to one of the men.


Asked on 3/30/06, 12:58 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: No recorded deed for landed that was inherited.

What would your case against your other two apparent co-tenants in common title holders be for? Losing the original deed? Not hardly.

You say that you inherited the property from a friend over a year ago but make no reference to a will or the probate of such will. If the will was probated(or is in the process of being so), and you were devised the property that you now claim, then the will's executor should have completed and filed an executory deed which would've invested you with legal title to the land. However, if the executor determined that

in enumerating all of the various assets in the

deceased's estate, that in fact there was not sufficient evidence to indicate that the land you have referenced in fact belonged to the deceased and therefore should have been included in the estate, then no such executory deed would have been completed and filed giving you legal title.

Rather than looking to your co-tenancy in common title holders, you should(in my view) be talking with the executor of the deceased's estate(assuming it was some other person other than yourself)and probably with a lawyer who is knowledgeable regarding real property and probate matters and who practices in the area where this disputed land is located and who should be able to advise you as to your best course of action.

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Answered on 3/30/06, 5:17 pm


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