Full question:
# of years that establish a right of way (driveway) as permanent in w.v. state
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: West Virginia
Answer:
In West Virginia, the amount of time it takes to claim a right of way or adverse possession is ten (10) years. West Virginia Code §55-2-1.
The West Virginia courts have consistently held that a prescriptive easement may be created through certain usages of property.
According to WV case law, "The open, continuous and uninterrupted use of a road over the land of another, under bona fide claim of right, and without objection from the owner, for a period of ten years, creates in the user of such road a right by prescription to the continued use thereof. In the absence of any one or all of such requisites, the claimant of a private way does not acquire such way by prescription over the lands of another." The burden of proving an easement rests on the party claiming such right and must be established by clear and convincing evidence.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
