2026 Regular Session
HB 5385
To repeal laws relating to adverse possession
In Committee
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill seeks to remove existing laws in West Virginia concerning adverse possession. Adverse possession is a legal doctrine that allows someone to gain ownership of property by occupying it for a specific period of time, even without the owner's permission. By repealing these sections of the Code of West Virginia, the bill eliminates the legal framework for establishing ownership through this method.
Key provisions
- Repeals §55-2-1 regarding entry upon or recovery of lands.
- Repeals §55-3-1 concerning the issuance of summons in adverse possession cases.
- Repeals §55-3-6 dealing with equitable defenses and adverse possession.
Who is affected
- Property owners in West Virginia
- Potential claimants seeking to establish ownership through adverse possession
- Legal professionals involved in property disputes
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