Squatters Rights West Virginia Summary
Statutory Period
10 years (or 5 years with color of title & tax payment)
Primary Statute
West Virginia Code § 55-2-1
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- Payment of property taxes (for 5-year claim)
- Color of title (for 5-year claim)
- Cultivation or improvement of the land
Squatters Rights 30 Days West Virginia
Origins of the 30-Day Myth in West Virginia
- Confusion with tenant laws: West Virginia's landlord-tenant laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory period for adverse possession in West Virginia is 10 years (or 5 years with color of title and tax payment), not 30 days.
- Eviction process timelines: The time it takes to legally remove unauthorized occupants through the court system may create the impression that squatters have legal rights after a short period.
West Virginia's 2025 Squatter Removal Process
West Virginia law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through West Virginia's criminal trespass laws
- For situations requiring court action, West Virginia offers a specialized forcible entry and detainer process
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, West Virginia has strengthened trespassing penalties and clarified removal procedures
Important 2025 Update: West Virginia has clarified its trespassing laws to better address squatting situations, with amendments to A.R.S. § 13-1502 (criminal trespass) to more explicitly address unauthorized property occupation. Law enforcement can now more readily remove unauthorized occupants. For actual adverse possession in West Virginia, a claimant must occupy the property for either 10 years, or 5 years with color of title and tax payment, not 30 days as commonly misunderstood.
Overview of Adverse Possession in West Virginia
Key information about squatter's rights in West Virginia
West Virginia's adverse possession laws feature a dual-track system with different time requirements based on documentation and tax payment. The state also has unique considerations for what constitutes "cultivation" in humid continental environments.
Statutory Time Requirements
West Virginia offers two different paths to establish adverse possession:
- 10 years: Standard adverse possession period (A.R.S. § 12-526)
- 5 years: Shortened period if the possessor has color of title AND has paid all property taxes during that time (A.R.S. § 12-527)
Reference: West Virginia Code
Common Law Elements
To establish adverse possession in West Virginia, the following elements must be proven:
- Actual: Physical occupation of the property
- Hostile: Possession without the owner's permission
- Exclusive: Using the property as if the possessor were the owner
- Open and Notorious: Visible use that would be obvious to the true owner
- Continuous: Uninterrupted possession for the entire statutory period
Desert Land Cultivation
West Virginia courts recognize that in the state's arid climate, traditional "cultivation" may not be possible. The courts have broadly interpreted what constitutes cultivation to include:
- Fencing the property
- Building structures
- Installing irrigation systems
- Clearing brush and managing vegetation
- Creating access roads
These adaptations acknowledge the practical realities of maintaining land in West Virginia's humid continental environment.
West Virginia Adverse Possession Statutes
A.R.S. § 12-526. Adverse possession of real property
A. A person who has a cause of action for recovery of any lands, tenements or hereditaments from a person having peaceful and adverse possession thereof, cultivating, using and enjoying such property, shall commence an action therefor within ten years after the cause of action accrues, and not afterward.
B. An action for recovery of real property which has been granted by this state by letters patent or deed executed and recorded more than five years before commencement of the action shall be brought within five years after the cause of action accrues.
A.R.S. § 12-527. Adverse possession under written instrument or judgment
A. When it appears that the occupant, or those under whom he claims, entered into possession of premises under claim of title, exclusive of other right, founding the claim upon a written instrument as being a conveyance of the premises in question, or upon a decree or judgment of a competent court, and that there has been continued occupation and possession of the premises included in the instrument, decree or judgment for five years, the premises so included shall be deemed to have been held adversely.
B. For purposes of constituting an adverse possession by a person claiming title founded upon a written instrument or a judgment or decree, land shall be deemed to have been adversely held when it has been cultivated or improved in a manner consistent with the ordinary use of similar property in the vicinity or when, although not enclosed, it has been used for the supply of fuel or pasture or for the ordinary use of the occupant.
Important Legal Notes
- West Virginia courts have consistently held that payment of property taxes is required for the 5-year statutory adverse possession.
- Under West Virginia law, multiple periods of adverse possession may be "tacked" together if there is privity between successive occupants.
- Adverse possession claims in West Virginia must be initiated by filing a quiet title action.
- West Virginia specifically exempts all government-owned lands from adverse possession claims.
Key West Virginia Adverse Possession Cases
Occhino v. Hernandez (2017)
This case established that the hostility requirement in West Virginia means only that the possessor is occupying the property without permission from the true owner, not that there must be an intentional trespass or ill will. The West Virginia Court of Appeals confirmed that a good faith but mistaken belief about property boundaries can still satisfy the hostility requirement.
Moody v. Van Sant (2010)
The West Virginia Court of Appeals held that payment of property taxes is an essential element for the five-year statutory period under A.R.S. § 12-527, but not for the ten-year period under A.R.S. § 12-526. This clarified the dual-track system of adverse possession in West Virginia.
Chandler v. Jackson (2005)
Clarified that "cultivation" in West Virginia's adverse possession context can mean various forms of land improvement appropriate to the nature of the property, not just agricultural use. This case acknowledged West Virginia's unique humid continental environment and recognized that fencing, grading, and creating access roads could satisfy the cultivation requirement.
Combs v. DuBois (2000)
Established that in boundary dispute cases, when neighbors have treated a particular line as the boundary for the statutory period, even if that line differs from the recorded legal description, the neighbor who has occupied land beyond their true boundary may acquire it through adverse possession.
West Virginia Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in West Virginia, a claimant typically must:
- File a quiet title action in the superior court of the county where the property is located
- Provide evidence meeting either:
- 10-year requirement under A.R.S. § 12-526, OR
- 5-year requirement (with color of title and tax payment) under A.R.S. § 12-527
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous
- Present evidence such as witness testimony, photographs, surveys, tax receipts, and documentation of improvements
- Be prepared to address any evidence of permissive use or interruption of possession
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate county recorder's office to establish clear title to the property.
Defending Against Squatters
West Virginia property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Keeping property tax payments current
- Taking legal action against unauthorized users before the statutory period expires
- Documenting property visits and inspections
- Considering a property management service for vacant properties
Any action that interrupts the continuity of possession will restart the statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
West Virginia provides property owners with several options for removing unauthorized occupants:
- Law Enforcement Assistance: For clear cases of trespassing, property owners can request immediate assistance from law enforcement to remove unauthorized occupants under West Virginia's criminal trespass laws (A.R.S. § 13-1502 to § 13-1504).
- Forcible Entry and Detainer: This is West Virginia's eviction process for removing unauthorized occupants:
- File a complaint for forcible entry and detainer with the justice court
- Attend the hearing (typically scheduled within 5-10 days)
- Obtain a writ of restitution if the court rules in your favor
- Have the constable execute the writ to remove the squatters
- Criminal Trespass Charges: In many cases, property owners can pursue criminal trespass charges against squatters under A.R.S. § 13-1502 to § 13-1504.
Important: West Virginia law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability.
Frequently Asked Questions
How long must someone occupy my property in West Virginia to claim adverse possession?
In West Virginia, there are two timeframes for adverse possession: 10 years under the standard claim, or 5 years if the claimant has color of title (a document that appears to give ownership rights) and has paid property taxes during that period. The "30-day squatter's rights" claim is a myth - no one can gain ownership rights to your property after just 30 days of occupation.
What constitutes "cultivation" in West Virginia's humid continental environment?
West Virginia courts recognize that traditional cultivation may not be possible in desert areas. Activities like clearing brush, installing fencing, building structures, creating access roads, or other improvements appropriate for desert land can satisfy the cultivation requirement. The courts take a practical approach that acknowledges West Virginia's unique environment.
What is "color of title" in West Virginia adverse possession law?
In West Virginia, "color of title" refers to a written document (such as a deed, will, or other instrument) that appears to give the possessor ownership rights to the property but contains some legal defect. Having color of title along with paying property taxes reduces the required adverse possession period from 10 years to 5 years in West Virginia.
Can I legally remove squatters from my property in West Virginia?
Yes, but you must follow legal procedures. For clear cases of trespassing, you can request immediate law enforcement assistance under West Virginia's criminal trespass laws. In other cases, you must use West Virginia's forcible entry and detainer process, similar to an eviction. "Self-help" methods like changing locks or cutting off utilities are illegal in West Virginia and could result in liability for the property owner.
Can someone claim adverse possession against government-owned land in West Virginia?
No. West Virginia law specifically exempts land owned by the state of West Virginia, the federal government, counties, cities, and other public entities from adverse possession claims. This is particularly significant in West Virginia, where a large percentage of land is publicly owned.
Can trespassers gain rights to my property after 30 days in West Virginia?
No. This is a common misconception. In West Virginia, adverse possession requires either 10 years (standard) or 5 years (with color of title and tax payment) of continuous, open, notorious, exclusive, and hostile possession. Short-term occupancy (whether 30 days or even several months) does not establish any ownership rights through adverse possession in West Virginia.