West Virginia Statewide Rule

West Virginia Squatter's Rights and Adverse Possession

Some RestrictionsApplies statewide across West Virginia (2026)

Key Facts

Adverse possession period: 10 years
Governing statute: W. Va. Code § 55-2-1
Required possession: Hostile, open, exclusive, continuous
Tenant in possession: Not adverse possession
Removal of trespasser: Eviction / ejectment, not waiting

Last verified: September 5, 2026

Summary

West Virginia requires ten years of adverse possession to claim title to land under W. Va. Code § 55-2-1. The possession must run continuously for the full statutory period, and a tenant who simply holds over is not adversely possessing. A landlord facing a holdover or trespasser uses the eviction process, not the adverse-possession bar.

No person shall make an entry on, or bring an action to recover, any land, but within ten years next after the time at which the right to make such entry or to bring such action shall have first accrued to himself or to some person through whom he claims.

View official code

Full Breakdown

W. Va. Code § 55-2-1 sets the limitations period for recovering land: "No person shall make an entry on, or bring an action to recover, any land, but within ten years next after the time at which the right to make such entry or to bring such action shall have first accrued." A squatter must therefore possess the land for a continuous ten years, and West Virginia case law requires that the possession be hostile, actual, open and notorious, exclusive, and continuous for the entire period before title can ripen. A residential tenant in possession under a lease is not adversely possessing, and a holdover or trespasser is removed through the wrongful-occupation petition in § 55-3A-1 or an ejectment action, not by waiting out any short period.

Violations & Penalties

No specific statutory penalty. An owner who acts within ten years can recover the land and remove the occupant; failure to act for the full ten-year period may bar an action to recover and allow the possessor to claim title.

Frequently Asked Questions

How long does it take to claim adverse possession in West Virginia?

Ten years. W. Va. Code § 55-2-1 bars an action to recover land after ten years, so a squatter must possess the property continuously for ten years, meeting all common-law elements, before title can vest.

Can a squatter take my property in West Virginia?

Only after ten years of hostile, open, exclusive, and continuous possession under § 55-2-1. An owner who removes the occupant or files suit within that decade defeats any adverse-possession claim.

Is a holdover tenant a squatter in West Virginia?

No. A tenant who came in under a lease is not adversely possessing, even after the lease ends. The landlord removes a holdover through the § 55-3A-1 wrongful-occupation petition, and the ten-year clock does not give the tenant a claim to title.

Sources

W. Va. Code § 55-2-1 (Limitation to recover land)

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