by alburt » Mon Mar 05, 2012 8:23 pm
The payment of taxes on a piece of land is normally immaterial to a claim of adverse possession, regardless of who has paid them.
West Virginia cases have recognized claims for adverse possession when all of the following elements have taken place:
(l)the land has been held "adversely" or "hostilely" - usually meaning that the owner of the land has not given permission
(2) the possession of the land has been actual - usually meaning that the person claiming adverse possession has physically been on the land
(3) Possession has been open and notorious - generally meaning that it has been evident, not hidden in some way
(4) Possession has been exclusive - generally meaning that the person who claims ownership through adverse possession is the only one who can make that claim
(5) Possession has been continuous for at least 10 years - generally meaning that the claimant, or a person whom he/she got the property from, had to have been using the property for a minimum of 10 years
(6) Pssession is made under claim of title or color of title - generally meaning that the person acts as if the land is his/hers
Normally, all of these elements must have been met and the person claiming the land must then apply for the courts to settle the title on him/her.
To learn more about WV and adverse possession, you can read the following information: