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Bill

HB 5193

To eliminate adverse possession from the state code of West Virginia

2026 Regular Session Introduced by Jeff Campbell and 2 co-sponsors

HB 5193 eliminates West Virginia's adverse possession doctrine, preventing individuals from acquiring property ownership through long-term occupation and use.

To House Judiciary
#realandpersonalproperty
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WeVote Research Nonpartisan
Bill Summary · HB 5193

Legislative bill overview

HB 5193 proposes to completely eliminate the legal doctrine of adverse possession from West Virginia's state code. Adverse possession is a property law mechanism that allows someone to gain ownership of land through continuous, open, and exclusive occupation for a statutory period (typically 10-20 years depending on jurisdiction). This bill would remove that pathway entirely, making it impossible for occupants to acquire property rights through adverse possession regardless of how long they've occupied or improved the land.

Why is this important

Adverse possession has been a feature of property law for centuries and serves as a method for clearing title disputes and rewarding productive land use. Eliminating it could affect long-standing property disputes, homeowners who may have occupied disputed properties for decades, and the practical resolution of boundary and ownership conflicts. It represents a significant philosophical shift toward stricter property rights protection for original owners, even in cases of abandonment or long-term neglect.

Potential points of contention

  • Impact on existing claims: Unclear whether the elimination would apply retroactively to pending cases or only prospectively, potentially creating winners and losers based on timing
  • Rural and boundary disputes: Many rural disputes and unclear property lines have historically been resolved through adverse possession; removal may leave some conflicts unresolvable
  • Property rights philosophy: Tension between protecting original ownership rights absolutely versus rewarding productive use and occupation of abandoned or neglected land over many years

Compiled from official sources — confirm details with the bill’s official record.

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