Land Sale Contracts Lawyer –
Martinsburg, WV, & Berkeley Springs, WV
Trump & Trump, L.C. Offer Over 90 Years of Legal Expertise
One of the main reasons clients call Trump & Trump, L.C. is our expertise in West Virginia law for the past 95 years. The attorneys of our law firm bring a rich history to every real estate transaction, including land sale contracts. Clients trust us to know the law of the land in West Virginia, and we provide a wealth of experience to the sale contracts we issue.
Land Sale Contract Process in West Virginia by Trump & Trump, L.C.
The Magistrate Court typically handles eviction matters; however, lenders are unable to evict a land contract vendee through such a process. Trump & Trump, L.C. attorneys have experience with the many aspects of West Virginia real estate law. Under Section 38-1-1 of the West Virginia Code, a suit in equity allows enforcement of a land contract. Historically, there are multiple cases where a judicial action enforced a land sale contract. However, no reported cases where a vendor could terminate a land contract through a simple eviction proceeding in magistrate court.
Magistrate Court Limitations Defined by West Virginia Code
Section 50-2-1 of the West Virginia Code asserts that magistrate courts do not have jurisdiction of matters involving real estate. It does have jurisdiction for other property-related issues, such as unlawful entry or detainer of property. Under this statute of the law, it excludes magistrate courts from holding this authority and requires judicial action in Circuit Court. Trump & Trump, L.C. lawyers offer the experience in drafting land sale contracts for the proper authority to conduct these types of transactions.
Conveying Legal Title with Land Sale Contracts in WV
While a contract for deed conveys equitable title to the vendee, legal title remains with the vendor. After executing a valid contract of sale and before the legal title passes by deed, the vendor is regarded as holding the legal title in trust for the vendee and the vendee is regarded as holding the purchase money in trust for the vendor. The purchaser acquires a vendible interest, or an equitable estate. Providing a proper and effective land sale contract ensures a clear line of title and property ownership under state law.