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lisapaton · Joined: 07 Nov 2008 Posts: 1 1.00 Dollars($)

I recently bought a property with a small cabin. When I had the property surveyed I found that the cabin next door is also entirely on my property. The 2nd cabin is currently unoccupied and the "owner" has it for sale as if it is actually located on his lot (which abuts mine). Can he claim my land via adverse possession? This is in West Virginia where the time limit is 10 years.

Neither of us have owned for 10 years, but I believe the cabin has been there longer than that. Since the cabin is empty, what happens if I just take possession of it. I have no idea how the 2nd cabin came to be built where it is.

smithsussane · Posted: Fri Nov 07, 2008 9:25 pm Post subject:

Hi lisapaton!

Welcome to forums!

You have mentioned that neither of you have owned the cabin for 10 years so I can assume that your neighbor has not payed the taxes for the cabin as well. In this case, I don't think he will be able to claim the land via adverse possession. If you have property survey records which states that the property is yours, then you can take possession of it.

Feel free to ask if you have further queries.

Sussane

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Question on Adverse Possession