Squatter’s Rights in West Virginia

In West Virginia, squatters can claim legal ownership through adverse possession after continuously occupying a property for 15 years. To establish a valid claim, squatters must meet five specific requirements: actual possession (physically occupying and using the land), open and notorious possession (obvious occupation visible to anyone, including the owner), exclusive possession (not sharing with strangers or the owner), hostile possession (without the owner’s permission), and continuous possession for the entire 15-year period without significant gaps.

The state recognizes three main types of squatting situations: simple occupation (using property for shelter), good faith mistake (believing they have legal rights to the property), and awareness of trespassing (knowingly occupying without permission). West Virginia law (WV Code 55-2-1) establishes the 15-year requirement, but this period is reduced to just 5 years if the squatter has “color of title” – a document that appears to give ownership but is legally invalid (WV Code 55-3-1).

Two common legal defenses squatters may use are prescriptive easement (the right to use part of someone’s land for a specific purpose after 10 years of continuous use) and color of title. Court rulings in West Virginia have established that payment of property taxes is not required for adverse possession claims, though it can strengthen a claim.

Property owners who discover squatters should serve a written notice to vacate (typically giving 30-90 days), file an eviction lawsuit if they don’t leave, and obtain a court order for removal. The eviction process can take 2-6 months. To prevent squatting, owners should inspect properties frequently, install security measures, pay property taxes promptly, and ask neighbors to report suspicious activity.