Legal Question in Wills and Trusts in West Virginia

I am heir to 135 acres of land.

I am an heir to 135 acres of land in putnam county west virginia. I wanted to know what i would have to do to put a mobile home on the land and live there. There is no one living on the land. The land deed is in my great grandparents name my mothers grandfather and grandmother. My mother passed away in dec of 1988. Can i claim a peace of the land and live there?


Asked on 12/04/04, 9:48 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: I am heir to 135 acres of land.

I take it that you are not the only heir. Accordingly, you have a right to occupy the property and could move a mobile home on the property. If it is intended and is permanently attached, all the heirs would have an interest in it. It would be easiest to contact all the other heirs and obtain their consent and an agreement that protects your interests. Better yet, buy out their interests and own the entire tract in fee simple. In the absence of that, you could bring a partition suit which could allot you a portion (seldom is land subjct to apportionment in kind) or, mor likley result in sale at the courthouse steps at which you could purchase the whole tract. Whoever buys it, you will receive your share of the proceeds. You need a lawyer in Putnam County to assist you and evaluate the additional factual circumstance in order to render legal advise and not a general statement like this one. Good Luck.

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Answered on 12/06/04, 8:17 am


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