West Virginia Complaint to Confirm Title
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How to fill out Complaint To Confirm Title?
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A defendant shall serve an answer within 20 days after the service of the summons, unless before the expiration of that period the defendant files with the court and serves on the plaintiff a notice that the defendant has a bona fide defense, and then an answer shall be served within 30 days after the defendant was ...
§55-2-1. Entry upon or recovery of lands. No person shall make an entry on, or bring an action to recover, any land, but within ten years next after the time at which the right to make such entry or to bring such action shall have first accrued to himself or to some person through whom he claims.
Rule 11 - Signing of pleadings, motions and other papers; representations to court; sanctions (a)Signature. - Every pleading, motion and other paper shall be signed by at least one attorney of record in the attorney's individual name, or if the party is not represented by an attorney shall be signed by the party.
In West Virginia, both the property owner and the squatters have rights when it comes to an adverse possession claim. In most cases, squatters are allowed to stay on the property as long as the property owner does not take any action to remove or evict them.
The complainant in an action to quiet title must show a clear and certain interest in the property. In West Virginia, unlike other states such as Pennsylvania and Ohio, it is not necessary that the complainant have actual possession of the property by physically occupying it.
Acting quickly is the best way to fight an adverse possession claim. Negotiate permission in writing: You may be willing to allow the use of the property. If so, having a written document helps prove you allowed specific use and could help fight an adverse possession claim.
The adverse possessor must either: Have a defective document which tries (but fails) to transfer title of the property to the possessor (?color of title?), or. The possessor must actually occupy the property with the intent to claim the title to the property (?claim of right?).
Most adverse possession laws require a trespasser to openly inhabit and improve a property, or a small part, for a determined amount of time before he or she may gain legal title to the property. This time limit in West Virginia is at least 10 years before ownership could change hands.
