Property Ownership
West Virginia recognizes adverse possession. To acquire title through adverse possession, a claimant must use the property in a manner that is:
ASecret, continuous, and permissive
BOpen, notorious, hostile, exclusive, and continuous for the statutory period✓ Correct
CRecorded with the county clerk
DApproved by the county commission
Explanation
To claim title by adverse possession in West Virginia, the claimant's use must be open and notorious, hostile (without owner's permission), exclusive, actual, and continuous for the statutory period (10 years in West Virginia).
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Key Terms to Know
Adverse Possession
A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
Abstract of TitleA condensed history of a property's title, summarizing all recorded documents and encumbrances affecting it from the earliest record to the present.
Chain of TitleThe sequential record of all transfers of ownership for a piece of property from the original patent holder to the present owner.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
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