No, squatting in West Virginia is illegal under state property laws and criminal trespass statutes. West Virginia Code § 61-3B-1 defines criminal trespass as entering or remaining on another’s property without permission, punishable by fines or imprisonment. Local sheriff’s departments, including Kanawha and Monongalia counties, actively enforce eviction protocols for squatters, while 2026 legislative updates strengthen landlord protections against adverse possession claims.
Key Regulations for Squatting in West Virginia
- Criminal Trespass Statutes: W. Va. Code § 61-3B-1 criminalizes unauthorized entry, with penalties escalating for repeat offenses or damage to property. Law enforcement may remove squatters without a formal eviction order if no legal claim to occupancy exists.
- Adverse Possession Limits: W. Va. Code § 55-2-1 requires 10+ years of continuous, open, and hostile possession to assert ownership—far stricter than many states. Recent 2026 amendments mandate notarized affidavits from claimants to curb fraudulent claims.
- Eviction Procedures: Landlords must file a forcible detainer action under W. Va. Code § 55-3A-1, bypassing traditional eviction timelines for squatters. Courts prioritize these cases, with sheriffs enforcing removal within 10 business days of judgment.