Squatters Rights in WV

Can anyone tell me where to research or how to inquire if there is such a law as "Squatters Rights" concerning property in WV? Googling doesn't seem to turn up much...

Might want to try the WV Codes or you could seek your county courthouse for that information. HTH

send me your email explaining your situation and how you think squatters rights apply and I will send you some information.

jer145@yahoo.com

The way I understand the Squatting Rights (Homesteading) in W.Va is they exist, but you must continuously occupy a piece of land for 7 years making improvement on it before you can claim it..

This is why the Pocahontas Land Company insisted on leasing the land instead of simply letting people live on it.. As long as you pay $1.00 a year for it you can not Homestead it.

I may be all wrong, but this is what a family told me who was trying to Homestead a piece of land up at the Head of Carswell Holler told me years ago.

for about 24 years, i have a 8 or 10 ft piece of property, that i have mowed, cleaned, and used it as my own,can the owners make me stop. any help please.thanks

is there a law in wv that the courts will reckonize home steaders and make it a legal deed that will stand up in any court in wv. i have heard that courts do not use the homesteaders act now . does anybosy know for a fact that it does if so where and when

needs to no wrote:

for about 24 years, i have a 8 or 10 ft piece of property, that i have mowed, cleaned, and used it as my own,can the owners make me stop. any help please.thanks

The only way you could continue useage of this property,is if you have been using it for a right of way,and you have NO other way to acess your property.but for regular useage,it belongs to someone else,you have no legal rights to it what so ever.

It really depends where the land or property at???? Whereas most land around McDowell county is owned by Pocahontas Land Corp and Norfolk and Southern....

You need to look up "adverse possession." There is also a case, from WV, that deals with the subject (Nabb v. Nolan). It outlines the law on it, and shows the Nolan's are the worst neighbors in history.
http://scholar.google.com/scholar_case...

I got married 12 yrs ago and we live in my wifes grandfathers house, it was given to us after he passed, yrs ago without our knowledge he sold a piece of property at the end of ours, we have taken care of it for 12 yrs, my wife has lived here for 20 and took care of then as well, theres no right of way to get there, we put a fence around our yard and some lady came and told us we had to move it cause iy was on her property, we never moved the fence but did find out that she did buy it from my wifes grandfather, we've never heard from her again. My question is, since we've taken care of this for 20 yrs is it ours or not?

wildcat40 wrote:

I got married 12 yrs ago and we live in my wifes grandfathers house, it was given to us after he passed, yrs ago without our knowledge he sold a piece of property at the end of ours, we have taken care of it for 12 yrs, my wife has lived here for 20 and took care of then as well, theres no right of way to get there, we put a fence around our yard and some lady came and told us we had to move it cause iy was on her property, we never moved the fence but did find out that she did buy it from my wifes grandfather, we've never heard from her again. My question is, since we've taken care of this for 20 yrs is it ours or not?

No. You have no rights to the property even if you've fenced it in and taken care of it. The rough property measurements will be stated on the deed that she holds.

Ron Paul once put an M-80 in his butt and squatted over a flaming hibachi.

RON PAUL IN 2012!!!!!

wildcat40 wrote:

I got married 12 yrs ago and we live in my wifes grandfathers house, it was given to us after he passed, yrs ago without our knowledge he sold a piece of property at the end of ours, we have taken care of it for 12 yrs, my wife has lived here for 20 and took care of then as well, theres no right of way to get there, we put a fence around our yard and some lady came and told us we had to move it cause iy was on her property, we never moved the fence but did find out that she did buy it from my wifes grandfather, we've never heard from her again. My question is, since we've taken care of this for 20 yrs is it ours or not?

It all depends on who owns the land..... And if taxes is being paid....

My ex left some belongings in my house so I put them in one of my sheds, saw a lawyer and was advised to write him a letter giving him a date to secure his stuff; if he did not this stuff would revert to me. The ex missed the deadline. Does my ex have way of getting his stuff back or claming the rights to land and shed that is holding it?

Why do people always want something for nothing???

Squatters rights generally fall under "adverse possession." There are 4 elements that have to be met: 1) Open and notorious use of the property #2 Exclusive use of the property 3)Hostile or adverse use of property & 4) Continuous use of property.

Lets say that you have a garage that is 1 inch on your neighbors property. You clearly use it where the neighbor can see, and do not share it with them. This continues for 10 years or more without question. The neighbor decides to build a fence. They have the land surveyed and discover the 1 inch. They then ask you to tear it down. According to WV case law, the property/people have met all requirements, and the 1 inch would legally become the possession of the garage owner. Sounds far fetched, right? That is from an actual WV case (Can't remember name).

The land could also be an open field. If you grow crops or raise animals (during season) for 10 yrs in plain view of the owner, it can be considered continuous as long no seasons were skipped.

As far as a house, it applies, but most owners who find someone living in a house will tell the people to leave. Once that is done, the 10 year clock starts over. Surely if the people failed to leave the owner would report trespassing.

Sorry for the novel. Some info can be found under West Virginia Common Law Code §55-2-1. This is not legal advice, and is for informational purposes only. I suggest you contact a legal professional with any questions. I do not condone or advise you to break any laws, and doing so is of you own free will without my knowledge.

I have been in probate for 4 yrs. I split wv property in 3rds.My stepson and his phycotic wife moved on my piece. put a trailer on it and built around it. Have cut my trees, put pillars and end of drive that loggers put in 04. Judge Moats gave them till 12/3/10 to remove all. They did not, I would think that would be contempt of court, right? The judge ordered them off. Well my attorney Mr. Triplett has charged me 2500 to evict them.(they are squaters... ejection) They are still there still adding on. Now my attorney wants 2500 more to evict them again??? The wife is not allowed in any goverment buildings because she yells screams hits ppl and threatens them. Everyone is scared of her. No one will buy my property or even look at it because of her. I cant get a realestate agent to take it cause they are afraid of her. She has run off familys that belong on their own land. Please give me some advice and help here, my attorney was great for 3 yrs then... I dont know tired of it I guess? So am I. Losing my husband was bad enough, now locked into it for so long, I kust want rid of it all. Its next to Audra park. 5046

I was married for 19 years an then we got divorced. I gave him every thing we owned but my old truck..the judge seen it wasnt fair so he gave me the home we still pay on it is a 16x80 and it is on my exhusband land he is still living in the home with me an says if i put him out then he will give me thirty days to move it.. Nov the 9th made us 4 years been divorced can he stay long enough to clime squatters rights an take the home from me. if he stays here..I cant get him to move out...need help where can i trun to

In time, squatters can actually earn ownership of the dwelling. There's a legal precedent in most of the United States called adverse possession. This doctrine says that if a squatter lives "openly, continuously and hostilely" in a home for a prescribed number of years, he or she can become the owner. This applies to property that's vacant and where property taxes aren't being paid. The three criteria that must be met are making no attempts to hide the inhabitation (open), living in the dwelling continuously and without permission (hostile). If the squatter pays property taxes on the home, when the time limit is reached, he or she is considered the owner.

WV is 10 years