Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state. In general, the acts of possession must be overt, hostile, exclusive, uninterrupted, and under a claim of right, so as to give the owner or others claiming entitlement to possession notice and an opportunity to counter the adverse possession. This form is an affidavit refuting such claims.
This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
West Virginia Affidavit by Adverse Possessor That Property Held Adversely and Claim of Title is Based on Grant of Ownership From Previous Owner — Squatters Rights: Introduction: In West Virginia, squatters can assert their rights to property through an Affidavit by Adverse Possessor. This legal document serves as evidence that the property was held adversely, and the claim of title is based on a grant of ownership from a previous owner. There are different types of these affidavits available depending on the specific circumstances of the adverse possession claim. Let's explore them further: 1. Standard Affidavit by Adverse Possessor: The standard West Virginia Affidavit by Adverse Possessor is used when an individual has continuously and openly possessed a property without the owner's permission for a specific period of time, usually ten years. This affidavit outlines the adverse possessor's claim of title, explaining how they acquired ownership rights based on their uninterrupted and exclusive possession. It details the property's description, duration of possession, and supporting evidence to substantiate their claim. 2. Armed Forces Affidavit by Adverse Possessor: West Virginia recognizes the unique circumstances faced by individuals in the armed forces. Therefore, an Armed Forces Affidavit by Adverse Possessor is available for military personnel who claim adverse possession rights to a property while serving their country. This affidavit follows the same principles as the standard affidavit but takes into account the special situations faced by those in military service. 3. Abandoned Property Affidavit by Adverse Possessor: When a property is abandoned and the owner's whereabouts are unknown, an Adverse Possessor may file an Abandoned Property Affidavit. This affidavit serves as evidence that the property has been held adversely, without the knowledge or permission of the absentee owner. It requires the adverse possessor to provide details, such as their efforts to locate the owner, the duration of possession, and any steps taken to maintain or improve the property. 4. Non-Residential Property Affidavit by Adverse Possessor: In cases involving non-residential properties, a Non-Residential Property Affidavit by Adverse Possessor can be filed. This affidavit is specific to commercial or industrial properties that have been occupied and utilized by the adverse possessor without authorization for a significant period. It addresses the complexities associated with adverse possession claims related to non-residential properties, demanding additional evidence and supporting documentation. Conclusion: West Virginia's Affidavit by Adverse Possessor serves as a crucial legal tool for those claiming ownership through adverse possession. Whether it's a Standard Affidavit, an Armed Forces Affidavit, an Abandoned Property Affidavit, or a Non-Residential Property Affidavit, each address different circumstances and provides a framework for individuals to legally assert their rights to property under the concept of squatters' rights. It's essential to consult with a legal professional experienced in adverse possession matters to ensure compliance with West Virginia law while making a claim.
