Adverse possession—sometimes called squatter's rights—occurs when a person or entity who does not own a certain piece of real property occupies or uses it in a way that is adverse to the owner of the property—meaning the use is in conflict or at odds with the property owner’s interests.

If this adverse possession or use of the property meets the legal standard for adverse possession—often described as use that is continuous, exclusive, hostile, open, and notorious—and continues for the prescribed period of time (usually specified in the state statute)—the person or entity adversely possessing or using the property will acquire ownership of the property (title). This ownership will result in the changing of boundary lines.

Because the required adverse possession must be open, obvious, and adverse to the owner’s interests, title may only be acquired by adverse possession to the portion of property that is used in that way.

Adverse possession laws vary from state to state and may be located in a state’s court opinions (also known as common law or case law) or, more often, in its statutes.

In West Virginia, adverse possession laws allow a person to claim ownership of a property if they have occupied it in a manner that is open, notorious, continuous, exclusive, and hostile for a statutory period. The statutory period required for adverse possession in West Virginia is typically 10 years. This means that if someone occupies another's land for at least 10 years under these conditions, they may be able to claim legal title to the property. However, the claimant must have paid property taxes on the land during that time to qualify for adverse possession under West Virginia Code § 55-2-1. It's important to note that adverse possession is a complex area of law, and specific circumstances can significantly affect the outcome of such a claim. Therefore, anyone considering or facing an adverse possession claim should consult with an attorney to understand their rights and obligations under West Virginia law.