West Virginia Judgment regarding Boundary Line Dispute

State:
Multi-State
Control #:
US-00748
Format:
Word; 
Rich Text
Instant download

Description

This form is a Judgment. The judgment provides that the plaintiffs/ counter defendants are entitled to a prescriptive easement for ingress and egress along an existing road. The judgment also provides that all relief requested by defendants in their counterclaim which was not specifically granted, other than those issues reserved for further hearing, are denied by the court.
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FAQ

The four major types of boundary disputes are operational, allocational, locational, and definitional.

While the Land Registry offers a process for resolving disputes relating to boundaries, it is generally advisable to seek legal advice on the merits of your claim before doing so. Where your neighbour contests your claim, the case will be sent to the Tribunal to resolve or will potentially need to be issued at court.

Limitations on enforcement of judgments. (a) On a judgment, execution may be issued within ten years after the date thereof.

These include direct nego- tiation, good offices, mediation, investiga- tion and conciliation, judicial settlement, arbitration, and any other mechanism to which the parties jointly agree.

Explanation: The Supreme Court in 1969 ruled that settlement of a boundary dispute between India and another country does not require a constitutional amendment. It can be done by executive order itself, as it does not involve the cession of Indian territory to a foreign country.

Options for resolving a boundary dispute Instructing a lawyer to act as a go between could help ensure that negotiations are concluded and recorded correctly. A letter from an expert property lawyer could assist with a speedy conclusion to the matter.

These disputes have been mostly minor and have been settled by common agreement?with or without the consent of Congress, by congressional action alone, or by the Supreme Court.

Boundary disputes usually arise when one person asserts ownership over a piece of land, which is owned by their neighbour. A common example would be if one neighbour moves their fence towards their neighbours' property, annexing the neighbour's land to theirs - this would give rise to a boundary dispute.

These include direct nego- tiation, good offices, mediation, investiga- tion and conciliation, judicial settlement, arbitration, and any other mechanism to which the parties jointly agree.

Involve a Real Estate Attorney at the Onset of a Dispute Often, a resolution between the disputing parties could allow for a monetary settlement, an agreement to divide the land, or for an easement. If no resolution can be reached, then only a lawsuit can resolve a boundary dispute.

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West Virginia Judgment regarding Boundary Line Dispute