West Virginia Squatters’ Rights & Adverse Possession Laws - 2025

What Are Squatters' Rights in West Virginia?

Here in West Virginia, we know our property isn't just land—it's heritage, investment, and future. Whether it’s a rental in Charleston, a hunting cabin in the Monongahela National Forest, or family acreage in the Eastern Panhandle, the last thing any owner wants is a legal surprise involving "squatters' rights."

As a company that supports hundreds of West Virginia property owners with management and legal insights, we at Hemlane have seen how confusion around this topic can lead to unnecessary worry. Let’s break down the real deal about squatters' rights—or more accurately, adverse possession—in the Mountain State, separating the scary myths from the manageable facts.

It’s Called “Adverse Possession,” and the Bar is (Very) High

First, let us clarify the term. Squatters' rights is the common name for the legal doctrine of adverse possession. It’s not a quick trick. It’s a long, difficult legal process where someone can potentially gain title to property they don’t own by meeting a strict set of conditions over many years.

In West Virginia, that timeframe isn’t short. According to the official state code, a person must maintain continuous possession of the property for a whopping 15 years before they can even file a claim (§55-2-1). That’s one of the longest periods in the country—giving property owners a significant buffer if they’re paying attention.

Think of it like this: a few weeks or even months of someone camping in a vacant structure does not come close. We are talking about a decade and a half of specific, uninterrupted use.

The 5 Legal Hurdles a Squatter Must Clear

For an adverse possession claim to have any chance in a West Virginia court, the occupant must prove all five of these elements. If one fails, their claim fails.

1. Actual Possession: They must physically use the property like a true owner would. This means more than just walking through. Examples include living in the home, maintaining the land, planting a garden or building a fence. In the 1985 case State v. Lambert, the West Virginia Supreme Court of Appeals emphasized this "actual dominion" requirement.
2. Open and Notorious: They can’t be hiding. Their use must be obvious enough that the legal owner, if they checked on the property, should notice it. A hidden campsite deep in the woods wouldn’t qualify.
3. Exclusive Possession: They must possess the property to the exclusion of the true owner and the public. They can’t be sharing it with you or treating it as public land.
4. Hostile Possession: In legalese, "hostile" doesn't mean angry. It means without the owner's permission. Their claim of right is adverse to your ownership. This is key: a tenant, a family member or a friend you allowed to stay can never claim adverse possession because their possession started with permission.
5. Continuous Possession for 15 Years: This is the biggest hurdle. The 15-year clock resets if they abandon the property for a significant time. Occasional or seasonal use, like only visiting for a few weeks a year, does not count.

The “Color of Title” Exception: A Shorter, But Rare, Path

West Virginia law has one exception that shortens the period from 15 to 5 years. If the squatter has what’s called "color of title"—a document that appears to give them ownership, like a flawed or invalid deed—the timeline reduces (§55-3-1).

This usually stems from old, messy property disputes or inheritance errors, not from a random trespasser. They’d still need to prove all other elements for a full five years.

Do Squatters Have to Pay Taxes? A Common Myth Debunked

This is a major point of confusion. In West Virginia, paying property taxes is NOT a requirement for adverse possession.

Both state and federal courts have been clear on this. The same State v. Lambert decision upheld an adverse possession claim where taxes weren’t paid. Later, in Robinette v. Kaufmann (1991), a federal court explicitly stated that “the West Virginia statute governing adverse possession does not require that the claimant pay taxes during the statutory period.”

That said, if a squatter does pay taxes, it powerfully supports their claim of acting as an owner. But legally, it’s not mandatory.

How to Proactively Protect Your Property: Practical Steps from the Field

At Hemlane, we advise our owners that vigilance is your #1 defense. Adverse possession claims are rare because they require 15 years of you not noticing. Here is how to stay protected:

• Visit and Inspect Regularly: For vacant land or properties, physically walk the perimeter at least quarterly. Look for new structures, cut trails, signs of dwelling or fresh fencing. We help owners schedule and document these inspections so there’s a clear record of active ownership.
• Secure and Maintain the Property: A neglected property is an invitation. Install sturdy gates or fences, use lockboxes instead of leaving doors unlocked and keep the land clear of overgrowth. “No Trespassing” signs posted under §61-3B-3 of the state code formally notify others that entry is forbidden.
• Build a Paper Trail: Keep your deeds, tax receipts and insurance documents organized. If you ever need to go to court being able to prove your consistent ownership is crucial.
• Talk to Your Neighbors: They are your eyes and ears. Let trustworthy neighbors know you own the land and ask them to alert you to any unusual activity. A simple community watch is incredibly effective.
• Address Issues Immediately: If you find someone on your land without permission, do not wait. Serve a formal, written notice to vacate. If they do not leave, you must file an eviction lawsuit (unlawful detainer action) through the courts. Never take “self-help” measures like removing belongings or cutting utilities as this can get you sued.

When It’s Not Ownership, But a Right-of-Way: Prescriptive Easements

A related concern is the prescriptive easement. If someone openly uses a part of your land like a driveway or path without your permission for 10 years, they may gain a legal right to continue that specific use. This does not give them ownership, but it can limit your control. The same prevention principles, monitoring and addressing unauthorized use promptly apply here.

The Hemlane Perspective: Good Management is Preventative Medicine

Our goal at Hemlane is to help you turn property ownership from a source of stress into a confident investment. Part of that is giving you the knowledge and tools to avoid problems like adverse possession altogether.

Our platform is built to facilitate the very habits that protect you:

• Scheduled Digital Reminders to conduct property inspections.
• Secure Document Storage for your deeds, tax records and compliance paperwork.
• Maintenance Tracking to ensure your property is always maintained and signaling active ownership.
• Owner Dashboard to give you a single and clear view of your property’s status; whether it is occupied or vacant.

By making regular monitoring and organized record-keeping part of your routine, the already slim chance of an adverse possession claim evaporates.

Bottom Line for Mountain State Property Owners

While the law may seem intimidating, the practical takeaway is straightforward: Stay involved with your property. West Virginia’s 15-year requirement is a strong shield for owners who are even minimally attentive. Combine that with clear signage, good relationships with neighbors and prompt action when needed, and you can rest easy knowing your land is securely yours.

Frequently Asked Questions (FAQs)

Q: A family member has been living in my cabin rent-free for years. Can they claim it?
A: Almost certainly no. Because you permitted them, their possession is not "hostile," which breaks a core requirement for adverse possession.

Q: How do I legally remove someone from my vacant property?
A: You must follow West Virginia’s unlawful detainer (eviction) process through the magistrate's court. Start with a written notice to vacate, then file a court action if they refuse. Always consult with a local attorney, like a member of the West Virginia State Bar, for specific guidance.

Q: Does homeowner's insurance cover squatting or related damage?
A: It’s complicated. Vandalism might be covered, but long-term occupancy damage often falls under a "neglect" exclusion. Review your policy with your agent and report trespassers immediately to strengthen your claim.

Q: What’s the first thing I should do if I find a squatter?
A: Document everything with photos/videos and dates. Then, serve a formal written notice to vacate, sent via certified mail and posted on the property. Do not confront them aggressively. Seeking counsel from a real estate attorney at this step is highly recommended.

Q: Can Hemlane help me if I discover a squatter on my property?
A: While Hemlane is not a law firm and cannot provide legal advice, our platform helps you organize all critical documents and history for your attorney. We also connect owners with local licensed professionals, including attorneys, through our network, and our system provides the audit trail of ownership and maintenance that is vital in legal proceedings.

This guide is for informational purposes and reflects our experience in West Virginia property management. It is not a substitute for professional legal advice. For matters involving property disputes or evictions, please consult with a qualified West Virginia real estate attorney.

At Hemlane, we provide the tools and insights to help property owners manage confidently, from screening tenants to maintaining vacant land. Learn more about how our platform supports West Virginia owners at Hemlane.com.