1. « A person seeking to claim ownership of land under the doctrine of opposing possession must prove each of the following during the required legal period: (1) that he held the adverse or hostile property; (2) that the possession was real; (3) that he was overt and notorious (sometimes declared in cases as visible and infamous); 4. Such possession was exclusive; (5) This possession was uninterrupted; (6) Such possession has been claimed in the title or colour of the title. Syl. Pt. 3, Somon v. Murphy Fabrication & Erection Co., 160 W.Va. 84, 232 p.E.2d 524 (1977). Land ownership has always been at the heart of the American dream and the identity of the mountaineering state. It turns out that owning land can be a bit more complicated than we imagine. One of these complications is known as « adverse possession, » where a person who constantly enters a property can acquire legal title to that property if they can meet certain other conditions.
This is an appeal from a final judgment of the District Court for the District of Pleasants County in a lawsuit for silent title and compensation for property and personal injury. The applicant alleged a number of errors, including the failure of the District Court to rule in her favour on the issue of opposing ownership of a strip of land under her house and the District Court`s rejection of certain jury instructions on the issue of liability for diversion of surface water. Although we find no error in most of the appellant`s assignments, we rule in her favour on the issue of opposing possession and set aside this part of the judgment of the lower court. There are no specific laws to evict squatters from your property in West Virginia. All landowners facing a squatting problem would have to go through the judicial eviction process to evict them. With respect to the « hostile » or « disadvantageous » element of possession, the person claiming opposing possession must prove that his possession of the property violates the right of the true owner and is incompatible with the title of true owner. The word « hostile » is synonymous with the word « hostile » and must not and does not mean that the broadcaster must be malicious or malicious towards the true owner. Negative property laws were enacted by the Homestead Act of 1862.
These laws allow individuals to take possession of a particular piece of land if they have lived on it for a period of time, have done so publicly, have made improvements to the property and generally have a deed of ownership and have paid rent or property taxes on that property. Squatter rights in West Virginia can affect real estate anywhere. West Virginia squatting rights, also known as adverse property laws, are legal avenues a person can take to leave the land illegally. Id. at 90, 232 S.E.2d at 528. Although the applicant was not openly « hostile » until the construction of the dry wells in 1987, her occupation of the strip of land under her house has been directed against the applicants` property interests for more than ten years and the trial court should therefore have ruled in favour of Ms Elder on this point. This position is consistent with our recent view in Brown v. Gobble, No. 23173 (W.Va 17 May 1996). West Virginia courts recognize that eviction of a roommate can occur when all the elements of opposing possession are present and there are objective facts showing a specific intent to move the roommate. Eviction requires a roommate to occupy the common property openly, notoriously and exclusively as a sole proprietor while maintaining improvements, paying property taxes, and maintaining rents and profits. The evidence of this evidence shows the intention to ignore the rights of the roommates of the person entitled to eviction, and such acts amount to the eviction of non-landlord roommates.
The possession of the person entitled to eviction is considered detrimental to his roommates from the moment it is proved that the roommates are aware of these acts and claims. The displaced roommate must effectively take possession of the property and claim ownership of the entire property for a period that meets the statute of limitations for adverse possession (10 years in West Virginia). The acquisition of a property right by deed is not sufficient to cause expulsion; The displaced roommate must actually take possession of the land. If you think you have squatters on your property, you should call the police first. At this point, you will ask the squatters to leave. If they claim the rights of the squatters or claim that they are a legal tenant, you must serve them with an eviction notice. If that doesn`t work, you`ll have to take legal action to counter the negative possession lawsuit they brought against you. Today, nonprofits in various states have tried to use the rights of squatters as a legitimate way for individuals to own property. In places like California and Chicago, nonprofits use these laws to help the poor appropriate uninhabited property. « My possession of this land was and in fact is hostile, visible, infamous, exclusive, continuous and peaceful. » One of the many roommates who landed in northern West Virginia confirmed this in an affidavit in 1903. If it is clear that the depositor has attempted to grieve the property, can a co-tenant who has the same right to own joint property as all other roommates harm the interests of his roommates? West Virginia courts recognize the doctrine of displacement, which allows a roommate in possession to acquire all of his or her roommates` ownership in the same manner as opposing possession.