Adverse Possession in West Virginia
State-specific overview · Property & Real Estate
West Virginia requires 10 years of open, continuous possession to establish adverse possession.
How West Virginia treats Adverse Possession
West Virginia imposes a 10-year statutory period for adverse possession claims. The possession must be actual, open, notorious, exclusive, and hostile to the true owner's title. West Virginia courts generally follow traditional adverse possession principles without requiring tax payment as a statutory condition. The claimant must demonstrate intent to claim the property as their own throughout the possession period.
The general definition of Adverse Possession
Gaining legal ownership of land by occupying it openly and continuously for a set period.
If someone uses another person's land openly, without permission, and continuously for many years (typically 7–21 years depending on the state), they may eventually become the legal owner. The original owner must not have stopped them during that time. This doctrine rewards people who improve and maintain land while punishing owners who abandon or ignore their property.
Read the full Adverse Possession entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in West Virginia.