West Virginia House Bill HB5385

West Virginia 2026 Regular Session

• Introduced: 2/9/26
• Refer: 2/9/26

Caption

To repeal laws relating to adverse possession

Summary

House Bill 5385 would repeal three sections of the West Virginia Code: §55-2-1, §55-3-1, and §55-3-6. These provisions are part of the state’s laws governing entry upon or recovery of land, unlawful entry or detainer, and equitable defenses involving adverse possession. The bill’s stated purpose is to remove these adverse possession-related sections from the code entirely. If enacted, the bill would eliminate statutory language that currently addresses how adverse possession claims and related defenses are handled in West Virginia. Because the bill is a repeal measure rather than a replacement measure, it would narrow the existing statutory framework and likely leave fewer express code provisions for courts and litigants to rely on in disputes over long-term possession, title, and land recovery actions.

Impact

The bill would directly amend West Virginia property and civil procedure law by deleting three code sections tied to adverse possession and land recovery. This would affect landowners, occupants, title holders, and parties involved in boundary, possession, or ejectment-type disputes, and could shift how courts analyze claims or defenses that previously relied on these statutory provisions. The practical effect would be to reduce or remove explicit statutory guidance on adverse possession and related equitable defenses in the cited sections.

Sentiment

There is limited recorded legislative sentiment available because the bill has no committee transcript, vote history, or documented floor debate in the provided materials. Based on the bill text alone, the measure appears to be a straightforward policy change aimed at repealing adverse possession laws, but the available record does not show whether support or opposition has formed around it.

Contention

The main point of contention is likely to be whether West Virginia should retain any statutory adverse possession framework at all. Supporters of repeal may view adverse possession as unfair to record title owners and believe it encourages wrongful claims to land, while opponents may argue that adverse possession serves important functions in settling stale claims, clarifying title, and protecting long-term possessors who have treated property as their own. No specific lawmakers, groups, or arguments are identified in the available discussion materials.