Washington, DC asked in Land Use & Zoning and Real Estate Law for West Virginia

Q: Can the owners of the lot next to mine claim ownership of part or all of my property?

The owners of the lot next door to mine are using a driveway across my property to access their cabin even though there is a driveway on their property. Yesterday I found that they had put their address sign on the driveway on my property. I took it down and they called and gave me a sad story that the husband has had a heart attack and they need the address on there so 911 can find them if anything happens again. The story makes no sense since they have a driveway on their property, but I told them they can put it back. I have this feeling that something is wrong with this whole picture. I did not feel like they were honest with me. Based on their dealings with the previous owner of my property and comments from neighbors, I am afraid they are trying to set up a claim for adverse possession. Is this possible? Can they use this to claim ownership of my property? The location is Augusta, WV.

1 Lawyer Answer
Anthony M. Avery
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  • Real Estate Law Lawyer
  • Knoxville, TN

A: Adverse Possession of some of your property is possible here. Hire a WV attorney to search both titles, and possibly hire a surveyor. You may need to file suit for a Boundary Dispute, Injunction, Quiet Title, Declaratory Judgment, etc.

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