Legal Question in Real Estate Law in West Virginia

easement or way

We are in construction phase on a piece of property we've owned for over 10 yrs, but has been vacant. The neighboring property has an easement or way through the right portion. We had verbal agreement with neighbor to move easement over 5 feet but would gravel to property line, where before there was a portion in grass. After destruction of existing driveway for construction to begin, we were served papers for disturbing right of way. Local lawyers want between $2500 and $5,000 to start if they're even interested at all. Is there any defense I have on my own behalf?


Asked on 5/01/07, 11:33 am

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: easement or way

Dear Ill-at-Ease-ment: Unfortunately, verbal agreements involving real property aren't worth the paper they're not written on...

I strongly urge you contact an experienced real estate attorney to assist you, and you try to recall who else witnessed your verbal agreement, to support your defense.

Good luck.

Sincerely, J. Norman Stark, Cleveland, OH

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Answered on 5/01/07, 1:14 pm


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