HB 5193
To eliminate adverse possession from the state code of West Virginia
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill removes the legal concept of adverse possession from West Virginia law. Adverse possession allows someone to gain ownership of property by openly occupying it for a specific period. By eliminating this doctrine, the bill aims to clarify land ownership rights and simplify property transfer processes. It effectively removes the ability to claim ownership of land through long-term, uninterrupted use.
Key provisions
- Abolishes the doctrine of adverse possession.
- Removes §55-2-3, which dealt with adverse possession for persons under disability.
- Revises §55-2-1 to explicitly state the abolition of adverse possession.
Who is affected
- Landowners
- Potential property buyers
- Real estate attorneys
- Title companies
Notable changes
- Eliminates a long-standing method of acquiring property rights.
- Creates a more straightforward system for determining land ownership.
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