Lumberport, WV asked in Real Estate Law for West Virginia

Q: Do my neighbors have claim on the land I just purchased?

My husband and I purchased the acreage above our house. We got it surveyed to put up a fence for goats. We found out thE neighbors have trash, a dog pen, and a make shift shooting range (shooting towards my house) on our property. The land owner told me husband since they were on our land they would move. They have started clean up, but told us now that they are getting a lawyer because they have had the stuff on the land for years. Do they have claim to our land?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery

A: Adverse Possession is very real and can transfer title to real property. Hire a lawyer now to search the two adjoining tracts. The payment or non-payment of taxes for several years may be significant here. Your surveyor should have told you of evidence of adverse possession, and you have apparently lived near this tract but saw nothing? A suit for Quiet Title, Boundary Line Dispute, Ejectment, etc. is probably required here. And your grantors may have breached covenants of title. Time is of the essence, or you will lose.

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