Easement in West Virginia
State-specific overview · Property & Real Estate
West Virginia enforces easements by express grant, implication, necessity, and prescription with a 10-year adverse possession period.
How West Virginia treats Easement
West Virginia law recognizes easements as binding property rights that survive transfers of the underlying land. Prescriptive easements require 10 years of open, continuous, exclusive, and adverse use without the owner's permission. Easements by necessity arise when land becomes inaccessible or when utility service is essential for reasonable use. Express easements should be recorded in the county clerk's office to provide notice to subsequent purchasers.
The general definition of Easement
The right to use someone else's land for a specific purpose, like crossing it or running utilities.
An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.
Read the full Easement 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.