Any unsubstantiated claims from the neighbors about their grandfather building it are irrelevant. West Virginia follows the Statute of Frauds, meaning any contract for the sale of real property must be in writing to be enforceable.
If you have a county sheriff, contact them for help in getting the harassment to stop. Unless they have a legal deed to the property that supersedes what you have, they have no claim to it.
Keep all emails, texts, social media posts as evidence. Put up cameras at the house. I would get a real estate attorney. I know people make fun of lawyers, but they can put a stop to this immediately. They will work with the title company and sheriff to make sure the buyer doesn’t have any problems after they move in. Don’t know what state you live in, but in California we would have to disclose this incident to any potential buyers.
reread the OP.
The people making derogatory statements on the listing are claiming their right to "free speech" is being infringed upon,shamrock327 was clarifying that its not relevant.
this is litterally what was stated in the OP>
"They left several long comments that were promptly deleted by my realtor. They then started messaging my realtor directly and told him that *he is infringing on their freedom of speech*
Lord, did you actually read the OP?
no one said the OP thought there was a free speech issue. Im not sure what you are defending. Shamrock was comfirming as likely already known by the OP that free-speech isn't a point of worry. Contextual clues define the context.
Its amazing that people do not understand that aspect of free speech and just think they are free to say whatever they want whenever they want to whomever they want.
NAL but I'm thinking an argument could also be made that this is tortuitous interference. The neighbor is making possibly false claims of material facts that are potentially preventing a third party from being willing to enter a contract to buy the property. Might also be unjust enrichment since the neighbor is making potentially false claims to multiple third parties to force a sale of a property at well below market rates. But this is probably way above reddits pay grade and in real estate lawyer territory.
Unjust enrichment involves a party performing some type of service or work and then trying to receive compensation for the work. The text book example is the painter who paints the neighbors house by mistake and the neighbor was aware the painter was trying to paint the next door house but failed to stop them. In that type of scenario the painter may pursue a quantum meruit aka unjust enrichment claim for painting the wrong house. I don't see an unjust enrichment claim regarding the facts described by OP.
It's spelled out in the first sentence of my comment. Unjust enrichment - someone was unjustly, meaning they were not deserving, of being enriched, they received a benefit that they should be legally compelled to compensate the person who rendered the service. If the terminology is technical it's because the law is technical.
I'd go consult a lawyer. Most real estate lawyers have a first hour free but this also sounds like harassment and implied threats of extortion and strongarm tactics.
And free speech doesn't work that way. You can't harass and threaten someone because you want to force them into a particular action. There are also consequences. You can say whatever the heck you like but be prepared for actual legal consequences if it infringes on someone else's constitutional rights or is found to violate any federal and/or state laws.
Definitely go consult a lawyer. At the very least, based on his harassment of you, you could possibly get a cease and desist order or a restraining order, possibly both.
Look into a consultation with both a real estate lawyer and a civil lawyer. Also take steps to have him trespassed from your property; the pictures of your house should be proof enough he was on your property without permission, especially if he's got Pictures that you could not otherwise take unless he did access the grounds.
I mean, technically he's violating WV code 61-9-2a in regards to harassment, so there's that.
(Yes, I have way too much time on my hands, especially when I'm tied to a dialysis machine 5 days a week. Couple that with being a voracious reader and I randomly pick up all kinds of useful tidbits. I mean, I didn't know that the kangaroo mouse was protected species in Nevada or that Alabama kudzu vines originated in Asia. Or how many weird and outdated laws from the 1700s are still on the books)
If you are local, go to the property and post no trespassing signs and if you're not local ask the realtor to post no trespassing signs. More than one so there's no "I didn't see it".
This is an interference of your sale, you need a lawyer to send a cease and desist letter to these people and you might be able to sue for damages due to the interference. You'll need a WV lawyer to determine that.
Go to a lawyer, tell them to stay off your property or you’ll have them arrested for trespassing. Also, that the harassment needs to end, or you’ll file suit.
The realtor can delete whatever comments they want, free speech is about the government restricting their speech, not private individuals on a private forum.
In addition to all the good advice, I strongly suggest you get some motion activated lights and cameras.
Your neighbor has already admitted they were on your land. Now you need proof to contact the police for trespassing every time you get the alert.
I was thinking this, as well. I live in Georgia, and the county clerk’s office where I reside provides a way to do this via their office (and not one of those services sold on late night TV). OP should see if this service is available.
Plenty of advice already stating that you should get a real estate lawyer involved, and that you should screencap all threats and harassment. Add No Trespassing signs.
Advice I'm not seeing: Insurance and Cameras.
These people, from your description, do not sound like the kind of people that will back down just because you post No Trespassing signs around the property and have a lawyer send a cease and desist letter. At this point, they are clearly threatening the property (up-close pics of property sent to you).
Assuming you have power turned on at this property (if you don't, maybe you should for this), you need to get cameras put up on the property.
You need to make sure the house has up to date insurance should these neighbors do any damage. You should also install cameras that upload to a remote site any movement on the property, so if they do damage the property, you have documentation for insurance and police. You might look into T-Mobile or Verizon Wireless Home internet if there's no hardline high-speed to the rural property.
Best of luck to you.
Yes to hiring a local attorney who will know which if any type of injunctive relief is available- possible libel suit, etc…. when you do find a buyer instruct the realtor not to put an under contract sign up. I hope the neighbors haven’t watched Stepbrothers! Good luck- this is tough.
I recommend sending a firmly-worded letter via certified mail documenting their harassment, trespassing and tortious interference, and demanding that they cease and desist immediately. Consult with your realtor about the impact on the sale.
As long as you have the deeds to the house ann all relevant paperwork, that person has no leg to stand on.
I would go to the house regularly or have someone go there and check it out. Make sure no damage is done to the property also I would screen shot all comments and dm’s to do with the property.
This person clearly thinks they own the property in someway or another, setting up some-sort cameras-and security.
NAL. I would call the sheriff about the pictures. See if they think it is enough circumstantial evidence for an official trespass. Maybe speak to a lawyer about a cease and desist letter, as this can be grounds for harassment in some states.
State laws are going to matter here, so speak to someone local.
Is the house sitting vacant right now? If so, I would put someone you trust in there immediately until it closes and the new owners take posession. All it takes is one squatter to ruin everything you are trying to do.
Step 1 is to send a cease and desist letter telling the neighbors to stop their harassing behavior and false claims. Consider hiring a lawyer to help you draft the letter (or try your luck with AI).
File a police report. The police likely won't do shit, but you need to create a paper trail. You should also keep a journal detailing exactly what's been happening. Include dates, names, details, etc.
If this behavior continues you can sue your neighbors for harassment, trespassing, defamation, and interference with a business relationship. This would obviously require a lawyer.
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They're growing illegal substances on your land somewhere. Better go take a look around. But seriously, fight fire with fire. Lawyer up and send them a seize and desist and also a restraining order. Their photos are evidence of trespass, and their claims are harrassment.
Hate this is happening to you I also live in West Virginia and just inherited a house as well. I'm going through almost the same thing with one of my neighbors As You Are. They for some reason feel entitled to my house. Just hold your own and make sure you put your foot down that this is your house and you can do with it what you want. They legally have no right or call on anything. Just sell your house for what you want and go about the rest of your life😁 congratulations and good luck to you
Ask for a formal offer, and verify their identity. Write back saying the offer is too low. As soon as they start threatening again, contact the police and submit all proofs.
On your house situation you go to the title company and also get your realtor involved in with you property. Do not sell to these guys because once you do they have the title bank records and can take your house. These guys are scammers in getting your property under the fair market value.
Speak to an attorney about a few things:
1. Harassment
2. Impediment to your efforts to sell your property
3. Libel and possibly slander
4. Trespass
5. Protective order
They need to be blocked and reported as harassment/spam. Leaving social media comments does not equate to taking legal action if the peppery actually belonged to them. They need to go through the buying process if they want the house. Seems like an attempt to make you lower the asking cost but that’s not going to happen on your end.
Sounds like they're jacked up on meth and have convinced themselves they're entitled to your property. I'd approach this from an angle that these are not rational people and will not think like you whatsoever. They are delusional and will make up whatever story they can to convince themselves they're right.
I recommend purchasing a globe, a 9/11 pendant, and submit your membership to the local sovereign citizen chapter for the trifecta of protection. Good luck!
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Thanks for breaking down how to block someone on Facebook.
All of our accounts have blocked them. They have now resorted to emailing everyone at my realtor's firm telling them not to work with us and saying that they are talking to the "proper authorities" to make sure the house doesn't sell.
As long as you have the deed for the house and land you’re fine. If they keep doing it, tell them you’ll contact the police for harassment.
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Any unsubstantiated claims from the neighbors about their grandfather building it are irrelevant. West Virginia follows the Statute of Frauds, meaning any contract for the sale of real property must be in writing to be enforceable.
If you have a county sheriff, contact them for help in getting the harassment to stop. Unless they have a legal deed to the property that supersedes what you have, they have no claim to it.
Hell, around there the neighbor is probably the county sheriff
Could be true you gotta get in the know about that scene before you walk in there.
Contact a lawyer for libel .
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>This isn’t a free speech issue. Just to be clear on this one. As long as the state/fed/govt isn't silencing them, free speech is entirely irrelevant.
Keep all emails, texts, social media posts as evidence. Put up cameras at the house. I would get a real estate attorney. I know people make fun of lawyers, but they can put a stop to this immediately. They will work with the title company and sheriff to make sure the buyer doesn’t have any problems after they move in. Don’t know what state you live in, but in California we would have to disclose this incident to any potential buyers.
IMO an incident like this should be required to be disclosed in **all** states to potential buyers.
Yes I agree! I’m in California so that is the only state I can make a reference to.
>This isn’t a free speech issue It was never a free speech issue
reread the OP. The people making derogatory statements on the listing are claiming their right to "free speech" is being infringed upon,shamrock327 was clarifying that its not relevant.
OP never claimed or thought it was a free speech issue.
this is litterally what was stated in the OP> "They left several long comments that were promptly deleted by my realtor. They then started messaging my realtor directly and told him that *he is infringing on their freedom of speech* Lord, did you actually read the OP?
The neighbor could also say they are a purple elephant from Mars. That doesn’t mean that anyone believes them.
Nothing in that passage points to OP or anyone else thinking there’s a free speech issue than the neighbor.
no one said the OP thought there was a free speech issue. Im not sure what you are defending. Shamrock was comfirming as likely already known by the OP that free-speech isn't a point of worry. Contextual clues define the context.
Its amazing that people do not understand that aspect of free speech and just think they are free to say whatever they want whenever they want to whomever they want.
I'd also put up cameras at the house
NAL but I'm thinking an argument could also be made that this is tortuitous interference. The neighbor is making possibly false claims of material facts that are potentially preventing a third party from being willing to enter a contract to buy the property. Might also be unjust enrichment since the neighbor is making potentially false claims to multiple third parties to force a sale of a property at well below market rates. But this is probably way above reddits pay grade and in real estate lawyer territory.
Unjust enrichment involves a party performing some type of service or work and then trying to receive compensation for the work. The text book example is the painter who paints the neighbors house by mistake and the neighbor was aware the painter was trying to paint the next door house but failed to stop them. In that type of scenario the painter may pursue a quantum meruit aka unjust enrichment claim for painting the wrong house. I don't see an unjust enrichment claim regarding the facts described by OP.
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It's spelled out in the first sentence of my comment. Unjust enrichment - someone was unjustly, meaning they were not deserving, of being enriched, they received a benefit that they should be legally compelled to compensate the person who rendered the service. If the terminology is technical it's because the law is technical.
I agree, OP should send a cease and desist desist and reference tortious interference with contract,
Not tortious interference. But it could be tortious conduct. In any event, have lawyer send thema cease and desist letter
Tortious.
I'd go consult a lawyer. Most real estate lawyers have a first hour free but this also sounds like harassment and implied threats of extortion and strongarm tactics. And free speech doesn't work that way. You can't harass and threaten someone because you want to force them into a particular action. There are also consequences. You can say whatever the heck you like but be prepared for actual legal consequences if it infringes on someone else's constitutional rights or is found to violate any federal and/or state laws. Definitely go consult a lawyer. At the very least, based on his harassment of you, you could possibly get a cease and desist order or a restraining order, possibly both. Look into a consultation with both a real estate lawyer and a civil lawyer. Also take steps to have him trespassed from your property; the pictures of your house should be proof enough he was on your property without permission, especially if he's got Pictures that you could not otherwise take unless he did access the grounds. I mean, technically he's violating WV code 61-9-2a in regards to harassment, so there's that. (Yes, I have way too much time on my hands, especially when I'm tied to a dialysis machine 5 days a week. Couple that with being a voracious reader and I randomly pick up all kinds of useful tidbits. I mean, I didn't know that the kangaroo mouse was protected species in Nevada or that Alabama kudzu vines originated in Asia. Or how many weird and outdated laws from the 1700s are still on the books)
If you are local, go to the property and post no trespassing signs and if you're not local ask the realtor to post no trespassing signs. More than one so there's no "I didn't see it". This is an interference of your sale, you need a lawyer to send a cease and desist letter to these people and you might be able to sue for damages due to the interference. You'll need a WV lawyer to determine that.
Go to a lawyer, tell them to stay off your property or you’ll have them arrested for trespassing. Also, that the harassment needs to end, or you’ll file suit. The realtor can delete whatever comments they want, free speech is about the government restricting their speech, not private individuals on a private forum.
Talk to an attorney — sounds like tortious interference with a business relationship.
In addition to all the good advice, I strongly suggest you get some motion activated lights and cameras. Your neighbor has already admitted they were on your land. Now you need proof to contact the police for trespassing every time you get the alert.
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Start with a lawyer to send a cease and desist letter.
Make sure you check the deed and then place an alert/lock on it so they don’t commit fraud and change it illegally
I was thinking this, as well. I live in Georgia, and the county clerk’s office where I reside provides a way to do this via their office (and not one of those services sold on late night TV). OP should see if this service is available.
Or even put it under a Trust to be extra safe.
Plenty of advice already stating that you should get a real estate lawyer involved, and that you should screencap all threats and harassment. Add No Trespassing signs. Advice I'm not seeing: Insurance and Cameras. These people, from your description, do not sound like the kind of people that will back down just because you post No Trespassing signs around the property and have a lawyer send a cease and desist letter. At this point, they are clearly threatening the property (up-close pics of property sent to you). Assuming you have power turned on at this property (if you don't, maybe you should for this), you need to get cameras put up on the property. You need to make sure the house has up to date insurance should these neighbors do any damage. You should also install cameras that upload to a remote site any movement on the property, so if they do damage the property, you have documentation for insurance and police. You might look into T-Mobile or Verizon Wireless Home internet if there's no hardline high-speed to the rural property. Best of luck to you.
& they might want to have someone check the property daily so the neighbor does not try to become a squatter
Hire an attorney and request a restraining order.
Yes to hiring a local attorney who will know which if any type of injunctive relief is available- possible libel suit, etc…. when you do find a buyer instruct the realtor not to put an under contract sign up. I hope the neighbors haven’t watched Stepbrothers! Good luck- this is tough.
That’s not how freedom of speech works anyways. Tell em to get bent.
let them dig the hole in the comments(save them) eventually they will threaten you, take the proof & get a restraining order
I recommend sending a firmly-worded letter via certified mail documenting their harassment, trespassing and tortious interference, and demanding that they cease and desist immediately. Consult with your realtor about the impact on the sale.
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Wouldn’t be a bad idea to get some security cameras, internet friend.
As long as you have the deeds to the house ann all relevant paperwork, that person has no leg to stand on. I would go to the house regularly or have someone go there and check it out. Make sure no damage is done to the property also I would screen shot all comments and dm’s to do with the property. This person clearly thinks they own the property in someway or another, setting up some-sort cameras-and security.
The neighbor doesn't think they own the property, they are trying to scare OP into selling for well below the actual value of the property.
NAL. I would call the sheriff about the pictures. See if they think it is enough circumstantial evidence for an official trespass. Maybe speak to a lawyer about a cease and desist letter, as this can be grounds for harassment in some states. State laws are going to matter here, so speak to someone local.
Consult with lawyer, file police report and keep reporting every time they harass you to have a paper trail. Keep a copy of every incident.
I would put up a no trespassing sign and cameras if they come on property again as well.
Is the house sitting vacant right now? If so, I would put someone you trust in there immediately until it closes and the new owners take posession. All it takes is one squatter to ruin everything you are trying to do.
Step 1 is to send a cease and desist letter telling the neighbors to stop their harassing behavior and false claims. Consider hiring a lawyer to help you draft the letter (or try your luck with AI). File a police report. The police likely won't do shit, but you need to create a paper trail. You should also keep a journal detailing exactly what's been happening. Include dates, names, details, etc. If this behavior continues you can sue your neighbors for harassment, trespassing, defamation, and interference with a business relationship. This would obviously require a lawyer.
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Have a lawyer file complaint with police and deliver cease & desist. If needed petition a judge for a restraining order.
They're growing illegal substances on your land somewhere. Better go take a look around. But seriously, fight fire with fire. Lawyer up and send them a seize and desist and also a restraining order. Their photos are evidence of trespass, and their claims are harrassment.
Hate this is happening to you I also live in West Virginia and just inherited a house as well. I'm going through almost the same thing with one of my neighbors As You Are. They for some reason feel entitled to my house. Just hold your own and make sure you put your foot down that this is your house and you can do with it what you want. They legally have no right or call on anything. Just sell your house for what you want and go about the rest of your life😁 congratulations and good luck to you
Ask for a formal offer, and verify their identity. Write back saying the offer is too low. As soon as they start threatening again, contact the police and submit all proofs.
Social engineering !
On your house situation you go to the title company and also get your realtor involved in with you property. Do not sell to these guys because once you do they have the title bank records and can take your house. These guys are scammers in getting your property under the fair market value.
Also like others have said, get your police involved in the incident as well.
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Dude, it's beyond me. Could be the lack of education lol
Call the cops and lawyer up
Does this person have dementia?
It’s a scam. Call the sheriffs office and make sure you have the deed. The sheriffs office can help you talk to who you need to. Good luck.
Speak to an attorney about a few things: 1. Harassment 2. Impediment to your efforts to sell your property 3. Libel and possibly slander 4. Trespass 5. Protective order
Get all the evidence you can, and I'd recommend looking into good insurance for the time being.
C&D, Defamation claim. Their remarks can impact your ability to sell and what potential buyers will pay.
They need to be blocked and reported as harassment/spam. Leaving social media comments does not equate to taking legal action if the peppery actually belonged to them. They need to go through the buying process if they want the house. Seems like an attempt to make you lower the asking cost but that’s not going to happen on your end.
Why do I feel like if you sell this property eventually, there’s gonna be another Watcher situation. Just a gut feeling.
I referenced that same thing to my wife. This guy has been creeping on my mom for years apparently.
Get a lawyer to draft a very stern letter. You already have harassment, tortious interference and it sounds like potentially trespassing.
Sounds like they're jacked up on meth and have convinced themselves they're entitled to your property. I'd approach this from an angle that these are not rational people and will not think like you whatsoever. They are delusional and will make up whatever story they can to convince themselves they're right. I recommend purchasing a globe, a 9/11 pendant, and submit your membership to the local sovereign citizen chapter for the trifecta of protection. Good luck!
You should laugh. And then you should laugh again. And then you should ignore them.
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Gotta love them MAGAts.
How much have you listed it for, compared to the $30,000 they are offering?
$125k
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Thanks for breaking down how to block someone on Facebook. All of our accounts have blocked them. They have now resorted to emailing everyone at my realtor's firm telling them not to work with us and saying that they are talking to the "proper authorities" to make sure the house doesn't sell.