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  1. Jurisdiction and Venue: Venue Selection for Multi-District Litigation

    My question involves a consumer law issue in the State of: West Virginia or Virginia (Both Federal 4th Circuit)

    Hello,

    I am considering filing a federal Pro Se complaint against Volkswagen...
  2. Easement Use and Enforcement: Re: Existing Road is Not Completely Within the Right of Way

    Sounds like the original ROW was abandoned for lack of use and a new ROW was created by prescription. That said, any new ROW should be renegotiated with the owner of the surface land. This could end...
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    Re: West Virginia Right of Way Law

    Again, documentation, video, and photos will work in the long run. In Wv you can have a car towed for parking on your property ,but you have to contact the State Police first. Why not call the PD the...
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    Re: Wv Right of Way

    You have to document your actions (photos work well). IMO, I would send him a certified return receipt letter asking him no to block the right of way and insert a copy of the easement (right of way)....
  5. Re: A Utility Company Installed a Pole Right in My Yard

    IMO, I would contact the utility company in writing and ask them to produce an easement. They may already have one (an aerial easement), but not one to install new towers.

    Is the property where...
  6. Mineral Rights: Re: Mineral Rights Owner's Right of Way in West Virginia

    STOP!

    The gas company must file for a permit to drill. You must be given notice in writing and you have 15 days to file a response with the state before they can drill.

    DO NOT SIGN ANYTHING!
    ...
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    Re: Restrictive Convenant

    WV. I own other real estate in the area, so drive-bys or neighbor's tel. calls would obviously advise if development started. A covenant follows the deed until released so if the house has been torn...
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    Liens and Encumbrances: Re: Selling Property Bought at Tax Sale

    Been there done that.

    In my state, after the redemption period ends (18 months after legal services and notices), a deed in your name is filed with the County Clerk's Office. They will sign the...
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    Re: When Can HOA Fees Be Charged

    A HOA has to be Chartered. If all the construction is not completed and the HOA is not organized (elections, meetings, etc), then the builder may be at fault trying to ask for HOA fees. What does...
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    Restrictive Convenant

    Hello,

    I currently have a property on the market for sale. A local church is very interested, but they want to expand an existing parking lot next to my property. I do not want to sell it to them...
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    Re: Deeded Lake Access in Wisconsin

    Why not ask the underlying property owner to sign an agreement that you, your heirs and assign can use the walkway to access the lake? Then have that agreement recorded.
  12. Re: Unrecorded Easement Dispute with Utility Company in Illinois

    The utilities response was hot air. However, they "may" have a foundation for a easement by adverse possession.

    IMO, I would send them a return receipt certified letter asking them to produce a...
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    Re: Obtaining a Right-Of-Way in Pennsylvania

    Be prepared to go to court and prove that you have used it for at least 21 years, otherwise start using your driveway in front of your house.

    In Pennsylvania, the statute of limitations for...
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    Re: Undefined Term of Easement

    That may be JK. But in New Jersey, friends and family that went to FIOS had their copper cabling removed from the house to the pole.
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    Re: Undefined Term of Easement

    Most likely the current easement is "aerial" whereas a FIOS (Fiber optic) cable could be underground. An "aerial" easement does not extend underground. Either way the old copper cable will be removed...
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    Re: Undefined Term of Easement

    Nice. Ha!

    The existing easement's "original" intent was for telephone service only. With FIOS they are extending TV and Internet access. Some case law indicates that adding services to an easement...
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    Re: Easement Issue In Pennsylvania

    Your neighbor "may" not have any right at all to use your easement. If the easement is exclusive to you, she would be overburdening the easement by using it as her access.

    I agree with the other...
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    Re: Electric Company Right of Way

    Is there a defined description of the right of way? I would be hesitant as well. You could just ask them.

    My guess is that you have to grant a right of way for them to run power cables from the...
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    Creation of an Easement: Re: Getting Access for a Landlocked Property

    I would approach the land owner and ask for an easement, otherwise tell the seller of the tract that they have to provide a recorded easement as a condition of the sale.

    You can always back out...
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    Creation of an Easement: Re: Getting Access for a Landlocked Property

    Not necessarily. You can make an modest offer, but if it is refused, you can go into court and sue for a "easement by necessity."
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    Re: Dying Tree in Right of Way

    Do you have an easement or is there an easement on the property that you are using?

    Generally, the underlying property owner (dominant estate) is responsible to keep the ROW clear. If the property...
  22. Re: Who Pays to Remove a Tree Blocking a Right-Of-Way

    If your ROW has a maint. agreement for each party to pay half, then he/she would theoretically be responsible for 1/2 the cost of the tree removal.
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    Re: Abandoned Right of Way

    Sounds like an opportunity for you.

    If it were me, I would ask for $$$ :D to sign the document, plus a new written maint. agreement that the neighbor would be required to remove snow and...
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    Theft and Larceny: Re: Misappropriating IRA Funds

    I believe the IRS allows real estate investments in a self-directed retirement account.
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    Foreclosure: Re: Goverments Authority on Seizing Real Estate That the Taxes Have Not Been Paid on

    OK :p The world is round!

    All the NWO conspiracy theories aside.

    Washington state, along with any other state, has a right to sell their tax liens to the general public. Most states have a...
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