Real Estate Law & Litigation

Practical Legal Help for Property Problems—Big or Small

Whether you're buying your first home, dealing with a zoning issue, or in a legal dispute over a piece of land, real estate matters can quickly go from simple to overwhelming. Contracts are packed with dense legal language. One small oversight can delay a closing or spark a lawsuit. And when emotions get involved—especially with family or neighbors—it’s even harder to see a clear path forward. At Ray, Winton & Kelley, PLLC, we’ve spent decades helping West Virginians make smart decisions about property. We offer the legal clarity and steady guidance you need to avoid trouble before it starts—or solve it when it does.

When You're Buying or Selling Property

Real estate closings involve more than just a handshake and a signature. There’s a stack of paperwork that transfers legal ownership, outlines your rights, and defines what happens if something goes wrong. Most people only see this once or twice in their life—and unfortunately, that’s when costly mistakes tend to happen.

We step in to:

Review contracts before you sign. We’ll make sure everything is clear and fair, and flag terms that could come back to bite you.
Ensure clean title. We check for any liens, easements, or ownership issues that could cloud the title—and help fix them before they delay or derail your closing.
Coordinate a smooth closing. If we represent you at closing, we’ll walk you through each document and answer your questions in plain English.

We also help clients navigate complicated sales like for-sale-by-owner (FSBO) deals, buying property through inheritance, or selling land with unclear boundaries.

Role of Real Estate Law in Property Transactions

Real estate law serves as a vital pillar in property transactions, offering essential guidance and expertise to all parties involved. Whether it's buying, selling, leasing, or financing real estate, the involvement of an experienced attorney can help protect your interests and ensure compliance with applicable laws and regulations.

Attorneys play a crucial role in drafting and reviewing contracts related to the purchase or sale of properties. They carefully examine these documents to identify any potential legal issues and negotiate terms that are favorable for their clients. This includes addressing contingencies, warranties, disclosure requirements, and other key provisions.

Furthermore, real estate attorneys are instrumental in conducting thorough due diligence. They work diligently to uncover any hidden liabilities or encumbrances associated with a property before committing to a transaction. This may involve investigating title records, surveying boundaries, reviewing zoning regulations, and assessing potential environmental concerns.

Throughout the property transaction process, real estate attorneys liaise with various stakeholders such as lenders, insurers, agents, and other attorneys involved. Their expertise allows them to coordinate and facilitate smooth transactions while ensuring compliance with all legal requirements.

For instance, let's imagine you're purchasing a commercial property for your business. A real estate attorney would assist you by reviewing the purchase agreement to ensure that all necessary clauses are included to protect your interests. They would also perform research to identify any potential zoning issues that could affect your plans and negotiate with the seller's attorney to address these concerns.

Understanding the role of real estate law in property transactions is crucial for anyone involved in buying or selling real estate. It ensures that your interests are safeguarded and that the transaction proceeds smoothly within the confines of the law.

When You’re Renting—As a Landlord or a Tenant

Renting property seems straightforward—until something goes wrong. Whether you're leasing out a unit or living in one, the lease agreement is your rulebook. If it’s unclear or unenforceable, both sides are vulnerable.

We help landlords:

Draft strong lease agreements that are clear and enforceable
Understand their legal obligations under state and local law
Handle problem tenants, including those behind on rent or violating terms
Navigate the eviction process legally and efficiently

We help tenants:

Fight unfair or unlawful evictions
Respond when a landlord fails to provide necessary repairs
Review lease agreements before signing to understand the fine print
Stand up for their rights when security deposits are withheld unfairly

Landlord-tenant law in West Virginia can be tricky. We help both sides resolve issues before they become bigger—and step in when legal action is necessary.

When Property Lines, Neighbors, or Family Get Involved

Property issues get even more complicated when people you know are involved. Maybe a neighbor put up a fence on your land. Maybe your siblings can’t agree on what to do with inherited property. Or maybe a verbal agreement with a friend about land use is now causing confusion.

We’ve helped clients:

Resolve boundary disputes through surveys, negotiation, and—if needed—litigation
Clarify ownership rights in cases where the title is unclear or split between multiple parties
Settle disagreements over inherited property between family members
Draft or challenge easements and informal use agreements
File or defend quiet title actions to clear up long-standing ownership questions

These situations are sensitive and often emotional. We provide practical legal options and work to resolve things with as little friction—and as much clarity—as possible.

When You Own Commercial Property or Run a Business

Commercial real estate brings higher stakes, longer contracts, and more complex issues. Whether you’re buying a retail building, leasing office space, or dealing with a tenant dispute, the decisions you make now can affect your bottom line for years.

We assist with:

Drafting and negotiating commercial leases with terms that protect your investment
Advising on purchase and sale agreements for business property
Resolving disputes over lease enforcement, maintenance responsibilities, or early termination
Handling zoning and land use issues that may impact your ability to operate
Dealing with code violations, environmental concerns, or permitting delays

Because we’ve worked with business owners, landlords, and developers alike, we know how to anticipate problems and keep deals moving forward.

Why RWK Is the Right Fit

At Ray, Winton & Kelley, we’ve built a reputation on practical, thoughtful legal work that puts our clients’ needs first. We don’t overcomplicate things or bury you in jargon. Instead, we focus on helping you understand your situation, make informed decisions, and take the right steps to protect yourself, your family, or your business.

With decades of experience serving Charleston and communities across West Virginia, we bring both deep legal knowledge and a grounded, real-world perspective to every case. Whether you're planning ahead, facing a dispute, or simply looking for clarity, you can count on our team to provide steady guidance and dependable representation.

FAMILY LAW, DIVORCE & DOMESTIC RELATIONS

Family relationships are complex, and the finances associated with those relationships are often intricate. We have the ability to understand the complexity of those relationships and provide our clients with effective counsel, especially when relationships end in divorce. We handle divorce cases at all income levels and have had particular success with high net-worth cases.

CORPORATE LAW & LITIGATION

Starting and operating a business requires many important decisions. We can help guide you through the process and protect your interests. The issues we handle include business incorporation, breach-of-contract claims, construction law, contractor’s liens, collection of debts, judgment enforcement, non-compete agreements, fraud, partnership disputes, operating agreements, employment matters, and business purchases and sales.

GENERAL CIVIL LAW & LITIGATION

General civil litigation involves seeking compensatory damages for some actual or perceived wrong. However, remedies in civil matters can also include specific performance of a contractual agreement, injunctive or other equitable relief.

REAL ESTATE LAW & LITIGATION

We handle a variety of real estate legal issues, including sales, leasing, financing, contract negotiations, title assurance, landlord-tenant relations and taxes. When litigation is necessary, we represent clients in disputes over construction, mechanic’s liens, easements, boundaries, condemnation and landlord-tenant issues.

LAWYER DISCIPLINARY PROCEEDINGS

Mark Kelley has represented numerous West Virginia attorneys in all stages of the disciplinary process. If you need representation in this area or just want a consultation to help you deal with a complaint, the firm is ready to assist you in the process.

EMPLOYMENT

Employment law encompasses thousands of federal and state statutes, administrative regulations and judicial decisions that cover a wide spectrum of the employer/employee relationship. We handle issues for employees or employers in such areas as collective bargaining, employment discrimination, unemployment compensation, pensions, workplace safety and workers’ compensation.

MEDIATION

The firm offers mediation services for business disputes, estate disputes and domestic relations cases. Mark and Sam have taken basic and advanced mediation courses through the West Virginia State Bar. Mark has mediated numerous cases in the above fields and is available to assist litigants and their attorneys in trying to resolve these often-complicated and contentious matters. Sam generally limits his mediation practice to family law disputes. It greatly enhances the chances of a successful mediation if your mediator has extensive experience dealing with the issues to be mediated.

Testimonials

Elizabeth Smith

Mr. Kelley is extremely responsive and knowledgeable when it comes to family law. He and his staff are have done an excellent job handling child custody issues quickly and effectively, highly recommend.

David Log

A very old and established law firm. Great for estate management and general law.

Leslie Richmond

Franki Parsons has been a life saver. Franki goes above and beyond to help you. So easy to talk to and you know she cares. Can't recommend enough.