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Right of way and absolute life estate

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Junior Member
What is the name of your state?West Virginia

I have posted on here before. A gentleman who owns land next to me says he has a right of way across my land. After having research done it was shown at one time there was a right of way given but it was given by another gentleman who had an absolute life estate. I have been told by everyone that when the gentleman who sold the right of way died that the right of way terminate upon his death. Also the location of the old right of way is not very precise. It is suppose to be on the west side of a fence but where he is putting a right of way is on the east side of the fence.

I informed the gentleman that he did not have a right of way but that I would be willing to work something out with him. Well, he came out and just started working on the my land putting a right of way acrossed. I called the state police and the tropper said that he could not do anything because the gentleman does own land next to me and that it would be up to the court to decide if he had a right of way or not.

I wanted him charged with trespassing because he moved equipment of mine and a horse trailer plus several things are now missing. Plus, one of this guy's workers threaten me when I was writing down the license number on his truck. The trooper said he could do nothing.

Can I have some kind of restraining order put on them to keep them off of my land until this thing is settled legally? They are ripping up my land and storing their tractor on my place. This all started after 5 PM today so I could not get ahold of my lawyer here.

Thank you for any help,

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