Squatters’ rights in West Virginia: A guide to adverse possession

Tuesday June 24, 2025

What are squatters?

west virginia squatters rightsIn West Virginia, a squatter is someone who lives in a property without permission from the owner or a lease agreement in place. That could mean moving into a vacant home without telling anyone, or refusing to leave after a rental arrangement has ended.

Many board members and owners turn to professional property management companies like FirstService Residential to help them monitor their properties, stay ahead of potential risks, and take the right steps when dealing with challenges in their building or community.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

What is the difference between squatting and trespassing?

With the passage of House Bill 4940 in 2024, squatting is now considered trespassing in West Virginia. Once the owner contacts law enforcement and confirms that they own the property, police may be able to remove a squatter immediately. However, if the squatter remains long enough to meet the adverse possession requirements, they may attempt a claim.
 

What are squatters’ rights in West Virginia?

Under West Virginia squatters’ rights, a person may be able to gain ownership of a property through adverse possession by occupying it under certain conditions for at least 10 years. To qualify for adverse possession in West Virginia, the person must meet five conditions:
  1. Continuous possession: The squatter must occupy the property for 10 consecutive years.
     
  2. Hostile possession: The occupation must be without the owner’s permission.
     
  3. Open and notorious possession: The squatter must act in a way that makes their presence obvious to anyone, including the owner.
     
  4. Actual possession: The squatter must physically occupy and use the property, not just claim it on paper.
     
  5. Exclusive possession: The squatter can’t share the space with the owner or others.
Finding a property manager in West Virginia with local expertise can make it easier to stay on top of community responsibilities and regulations.
 

Can you evict a squatter in West Virginia?

As of 2024, squatting is now classified as criminal trespassing, and courts may not require a formal eviction petition to remove a squatter. Owners may ask law enforcement to arrest or remove squatters for trespass once they provide proof of ownership. “Self-help” methods like changing the locks or removing someone’s belongings can still expose the owner to legal risks, so it’s recommended that you contact law enforcement, along with your property manager and attorney, before attempting to remove a squatter from your property.
 

How to prevent squatters

Start by putting any informal arrangements in writing. If someone’s staying in the home with your permission, even for a short time, a simple lease or occupancy agreement can help prevent confusion later. It also helps to check in regularly. Walking the property and keeping up with maintenance services can help send a clear signal that the space is being monitored. Adding “No Trespassing” signs, lights, or security cameras can also discourage someone from trying to move in unnoticed.

Staying connected with neighbors goes a long way, too. A trusted contact may be able to flag unusual activity early before it becomes a much larger issue.
 

Do insurance policies cover squatter damage?

Most standard landlord or HOA master policies exclude intentional damage and loss of rent caused by unauthorized occupants. Several carriers now offer specialty endorsements, often branded “squatter coverage,” that can reimburse legal fees or lost income while you regain possession. Review your declarations page with your broker annually, and ask whether your community’s vacancy clauses or deductible structure would leave you exposed. Our affiliate, FirstService Financial, offers a full suite of exclusive banking and insurance programs tailored to our clients’ specific needs. They can benchmark your coverage against regional best practices and recommend upgrades.
 

Do squatters need to pay property taxes in WV?

No, West Virginia law does not require a squatter to pay property taxes to successfully claim adverse possession. However, providing evidence of tax payments can bolster the squatter’s argument that their occupation is open, notorious, and under claim of right.
 

What can boards in community associations do about squatters?

Board members don’t typically have the legal power to evict someone from a privately owned home simply for being there without permission, but they do have options when it comes to protecting the community.

If someone is living in a unit without the owner’s knowledge or outside of the lease terms, the board can alert the owner, involve property management, and recommend contacting legal counsel right away. Boards can also enforce community rules, like restrictions on who can access common areas or how a property is used, and may be able to take action if those rules are being violated. These situations are complex and should always involve the association’s attorney, especially when navigating West Virginia HOA laws that may impact how these disputes are handled.
 

What if the squatter claims to be a guest?

Sometimes squatters say they were invited by the owner, a tenant, or even a previous resident. In those situations, boards and owners should avoid jumping to conclusions and instead start by documenting what they observe. If there’s no written lease or formal agreement, and the owner hasn’t confirmed the guest’s status, legal counsel may still recommend treating the situation as a trespass issue. Consistent communication and documentation are key.
 

Can squatters use community amenities?

In most cases, no. If someone is living on the property without proper authorization, they typically don’t have the right to access shared amenities like pools, gyms, or clubhouses. Boards can often restrict that access under the community’s governing documents. It’s a good idea to work with your community association manager and attorney to enforce those rules while staying within legal bounds.
 

How a property management company can help

West Virginia squatters’ rights can be complex, but you don’t have to navigate this issue alone. For more than 30 years, FirstService Residential has worked closely with boards and owners across West Virginia to help monitor vacant units, document concerns, and coordinate next steps. That might mean organizing regular walkthroughs, helping secure a unit with trusted vendors, or partnering with your legal team to take swift action while complying with local laws.

If you’re navigating questions about squatters’ rights in West Virginia, we’re here to help. Contact FirstService Residential today to learn how professional management can support your community.
 
Tuesday June 24, 2025