Squatters’ rights and adverse possession in West Virginia create real risk for landlords. Imagine an unauthorized occupant moving into a vacant Morgantown apartment, changing the locks, and refusing to leave. The rightful owner could face months of court delays and uncertainty before regaining possession of the property.
However, landlords can easily defend themselves from squatters by staying informed. Keep reading to learn how West Virginia defines squatters, how adverse possession claims work, and practical steps landlords can take to protect their property rights.
What is a squatter?
A squatter occupies a property without the owner’s permission and never signs a valid lease agreement. They have no right to live there, and, under West Virginia law, police can often remove them immediately and arrest them for criminal trespass.
For example, someone might move into a vacant Charleston home between tenants, change the locks, and start receiving mail there. Without a lease or the landlord’s consent, their continued presence classifies them as a squatter, even if they pay utilities or perform property maintenance.
Key Differences Between Squatters and Trespassers
Understanding the difference between squatters and trespassers matters because landlords may face different paths to removal. You can learn more at TenantCloud’s guide to squatters vs. trespassers.
Squatters
- Move into a property and stay for a prolonged period without the owner’s consent or a lease
- Try to establish the right to occupancy or ownership over time
- May require landlords to follow the formal eviction process
Trespassers
- Enter property unlawfully, but typically leave quickly
- Do not express the intent to live there or claim rights
- Law enforcement can remove them promptly
It’s important to note that in West Virginia, squatting is now classified as criminal trespass, and law enforcement may arrest you on the spot. However, if the squatter has been there for an extended period, they may try to argue adverse possession to avoid removal.
What are squatters’ rights?
Squatters’ rights describe the legal principles that sometimes protect unauthorized occupants after a prolonged residence. Squatters’ rights in West Virginia do not grant automatic ownership, but they can complicate the removal process.
As of 2026, West Virginia law does not require landlords to pursue an eviction to remove squatters, though an eviction may be necessary if the squatter attempts to claim adverse possession. Property owners must act swiftly to regain possession before the squatter attempts to claim ownership.
Can a squatter actually claim legal rights to a property?
Even though it may sound unfathomable, squatters can acquire legal title to property in West Virginia through adverse possession. Proving a valid adverse possession claim requires years of strict proof, so landlords who inspect their properties frequently and act quickly can prevent problems before squatters move in.
Adverse Possession Laws in West Virginia
Adverse possession is the legal route a squatter can take to acquire property rights. The courts require strict proof for adverse possession, though, which makes it difficult for squatters to obtain ownership. The process requires long-term possession that satisfies these elements:
Actual: A squatter must physically use the property as an owner would, such as by living in the home, maintaining it, or making improvements, rather than merely visiting.
Open and notorious: The squatter must live on the property openly enough that passersby and the original owner could reasonably notice a new occupant.
Hostile: The squatter must occupy the property without the owner’s permission. No lease, consent, or shared understanding regarding the occupancy exists.
Exclusive: The squatter must live alone on the property, keeping out the original owner and other members of the public.
Uninterrupted: The squatter must occupy the property continuously for at least 10 years in West Virginia, without any periods of extended absence.
Supporting law: W. Va. Code § 55-2-1
Occupancy Time Requirements for Adverse Possession
To successfully claim adverse possession in West Virginia, a squatter must occupy a property continuously and without interruption for 10 years. Any period of abandonment or an eviction will break the continuity requirement and reset the clock, forcing the squatter to build a new claim.
Imagine a squatter who lives in a vacant house for 4 years, then leaves for 6 months before returning. They could not make a valid adverse possession claim because they did not meet the occupancy requirement.
Supporting law: W. Va. Code § 55-2-1
Does the squatter need to have a color of title to claim adverse possession?
Color of title describes a defective, written claim to ownership, such as a deed with errors or missing signatures. For example, someone might receive an invalid deed to a property and move in believing that the document transfers ownership.
West Virginia does not require squatters to hold color of title to claim adverse possession, and having such a document does not shorten the occupancy time requirement. State law allows claims based solely on 10 years of continuous, actual, hostile, open, and exclusive possession.
Supporting law: W. Va. Code § 55-2-1
Does the squatter have to pay property taxes for adverse possession in West Virginia?
Although many states require squatters to pay property taxes to claim adverse possession, West Virginia does not. Squatters must meet the conditions outlined above to gain ownership rights.
Paying property taxes also does not shorten the 10-year occupancy requirement for adverse possession in West Virginia, though paying these taxes may help a squatter support a claim. Landlords should always stay current on tax payments to prevent ownership disputes, liens, and foreclosures.
Supporting law: W. Va. Code § 55-2-1
How to Legally Remove Squatters from Your Property
If you discover an unauthorized occupant living in your West Virginia property, you’ll need to follow the legal steps for removal. Here’s what to do:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe to do so, start with direct communication. A calm conversation, a written move-out deadline, or a cash-for-keys agreement can motivate squatters to leave voluntarily. That way, you can get your property back without involving law enforcement.
Important: Never take matters into your own hands. Self-help eviction tactics, such as changing the locks, shutting off utilities, or otherwise forcing the squatter out, are illegal in West Virginia. These actions can lead to fines, criminal charges, or dismissal of an eviction case.
Step 2: Get in Touch With Local Law Enforcement
You can also ask local law enforcement to visit the property. Once you provide proof of ownership, officers can arrest the squatter immediately, thanks to state laws passed in 2024 and 2025. However, if the squatter has been there long enough to claim adverse possession, you may still need to pursue an eviction.
Step 3: Serve the Squatter a Notice to Quit
If law enforcement cannot remove the occupant, you must evict the squatter through the unlawful detainer process. Start by serving a Notice to Quit, which demands the occupant leave your property before you begin an eviction case. Notably, West Virginia does not have a mandatory notice period.
Step 4: File an Unlawful Detainer Complaint Against the Squatter
If the notice deadline passes and the squatter hasn’t left yet, file an unlawful detainer complaint against the squatter in the county where your rental property is. This action officially initiates the West Virginia eviction process and sets a court hearing date within 10 days.
Step 5: Present Your Case in Front of a Judge
When you appear in court, bring clear evidence of squatting and your rightful ownership to support your case. You should have strong documentation, such as the following:
- A recorded deed in your name
- Photos or videos of the squatter’s presence on your property
- Written records of prior communication attempts
- Witness statements from neighbors or contractors
The squatter will also get time to present a defense and their own evidence, which may include property tax payment records or proof of long-term occupancy. The judge will weigh both arguments carefully before making a decision, so solid evidence often decides the outcome.
Step 6: Obtain an Order of Possession, Authorizing Law Enforcement to Remove the Squatter
If the judge rules in your favor, you can request an Order of Possession, which authorizes law enforcement to physically remove the squatter from the premises. The sheriff serves the Writ at your property and forcibly removes the squatter if necessary.
The squatter can appeal the decision within 20 days of judgment, but will have to post an appeal bond and pay a filing fee. Maintain thorough documentation and keep a close eye on the proceedings if the squatter attempts to reopen the case.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With a Writ of Possession in hand, law enforcement has the authority to remove the squatter and return control to you physically. If the squatter leaves any personal belongings, you must store them for at least 30 days and notify the squatter before disposing of them.
As soon as the squatter has left, secure the property immediately. Change the locks, post No Trespassing signs, and inspect regularly to prevent future squatter problems.
Now that you know all your options for removing a squatter, let’s go over how you can keep squatters from occupying your property in the first place.
Tips for Preventing Squatters from Occupying Your Property
To effectively stop squatters, you’ll need to prevent unauthorized occupancy altogether. Consistent oversight and fast action reduce risk far better than trying to remove someone after they move in.
Inspect the property regularly: During vacancies, walk your properties often. Regular visits signal active ownership and prevent squatters from establishing uninterrupted possession.
Install security cameras: Visible, functioning cameras deter entry and document activity. Recorded footage helps law enforcement classify occupants as trespassers and strengthens your position in the event of an ownership dispute.
Act quickly against trespassers: Address unauthorized entry right away. Fast responses prevent extended stays that would allow a squatter to claim adverse possession.
Secure all entry points: Lock all doors and windows, reinforce weak entry points, and repair damage quickly. Secure properties discourage squatters seeking easy access.
Maintain the property: Mow the lawns, repair any damages promptly, and collect mail frequently to signal active property management.
Fill vacancies quickly: Empty rentals create opportunity, so you’ll need to minimize property downtime. Advertise your rental property to place paying tenants and keep out unauthorized occupants.
Screen future tenants thoroughly: Verify a tenant’s identity, income, and rental history before they move in. Use strong tenant screening tools, such as TurboTenant, to reduce eviction risks.
With the right strategies, you can easily prevent unauthorized occupants from settling into your West Virginia property. Now, let’s go over the last few takeaways landlords should keep in mind.
Digital Tools to Help Landlords Thwart Squatters
Property owners can manage squatters’ rights and adverse possession in West Virginia by thoroughly preparing, taking prompt action, and ensuring reliable property management systems are in place.
Using property management software, such as TurboTenant, helps landlords track vacancy periods, monitor finances, and schedule inspections, creating records that support faster legal resolution.
Protect your rentals with smarter tools. Create your free account today to start managing confidently with TurboTenant.
FAQs: Squatters’ Rights & Adverse Possession Laws in West Virginia
How long does it take a squatter to claim property rights in West Virginia?
In West Virginia, a squatter must occupy a property for at least 10 continuous years to pursue property rights via adverse possession. The occupancy must remain actual, open, hostile, exclusive, and uninterrupted for the entire time period to constitute a valid adverse possession claim.
Can landlords remove squatters legally without taking legal action?
Yes, recently passed West Virginia laws classify squatting as criminal trespass, allowing landlords to remove squatters immediately by contacting law enforcement and proving their rightful ownership. If the squatter attempts to claim adverse possession after an extended time period, however, an eviction may be necessary.
What’s the difference between a squatter and a holdover tenant?
A squatter has no permission to occupy a property, while a holdover tenant legally rents a property but refuses to leave after the lease agreement expires. Holdover tenants retain limited rights and must be evicted, whereas squatters are trespassers under West Virginia law.
Can a landlord turn off power or change locks to remove a squatter?
No. Turning off utilities, changing locks, or forcing the squatter to leave all count as illegal self-help evictions. These actions may result in fines and criminal charges, so landlords must always rely on law enforcement and/or the eviction process to remove squatters.