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24 West Virginia opinions name it 2 courts 1977–2025 2 in the last five years
The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Naab v. Nolangreen2 sentences2019Code 55-2-1 [1923] in settling land disputes equitably and efficiently.” Naab v. Nolan, 174 W.Va. 390, 392 , 327 S.E.2d 151, 153 (1985). 5 One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That possessio 2019Code 55-2-1 [1923] in settling land disputes equitably and efficiently.” Naab v. Nolan, 174 W.Va. 390, 392 , 327 S.E.2d 151, 153 (1985). 5 One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That possessio | 1 | 1 |
Watson v. Pricegreen1 sentence1996In Syllabus Point 3 of Somon v. Murphy Fabrication and Erection Co., 160 W.Va. 84 , 232 S.E.2d 524 (1977) this Court stated: ‘One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That possession has been un | 1 | 1 |
Roy v. Cunninghamgreen2 sentences1996In Syllabus Point 3 of Somon v. Murphy Fabrication and Erection Co., 160 W.Va. 84 , 232 S.E.2d 524 (1977) this Court stated: ‘One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That possession has been un 1996In Syllabus Point 3 of Somon v. Murphy Fabrication and Erection Co., 160 W.Va. 84 , 232 S.E.2d 524 (1977) this Court stated: ‘One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That possession has been un | 1 | 1 |
Kelley v. Longgreen2 sentences1996An excellent and practical description of tacking was given in the case of Kelley v. Long, 3 Neb.App. 467, 473 , 529 N.W.2d 72, 77 (1995), wherein that court stated: “To permit tacking of successive adverse possession of grantees of an area not within the calls of a deed ... but contiguous thereto, among the ultimate facts to be established is the intended and actual transfer and delivery of such area to the grantees as successors in ownership, possession and claim. 1996An excellent and practical description of tacking was given in the case of Kelley v. Long, 3 Neb.App. 467, 473 , 529 N.W.2d 72, 77 (1995), wherein that court stated: “To permit tacking of successive adverse possession of grantees of an area not within the calls of a deed ... but contiguous thereto, among the ultimate facts to be established is the intended and actual transfer and delivery of such area to the grantees as successors in ownership, possession and claim. | 1 | 1 |
Roan v. Cartergreen1 sentence1996In Syllabus Point 3 of Somon v. Murphy Fabrication and Erection Co., 160 W.Va. 84 , 232 S.E.2d 524 (1977) this Court stated: ‘One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That possession has been un | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Somon v. Murphy Fabrication & Erection Co.
green
2 sentences2025Va. 84 , 232 S.E.2d 524 (1977) (“One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That possession has been under claim of title or color of title.”). 2019“One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That possession has been under claim of title or color of title.” Syl. i Pt. 3 Somon v. Murphy Fabrication and Erection Co., 160 W.Va. 84 , 232 S.E.2d 5 | 22 | 1982–2025 |
Higgins v. Suburban Improvement Co.
neutral
2 sentences1995The elements to show adverse possession are set forth in Syllabus Points 1 and 2 of White v. Lambert, 175 W.Va. 253 , 332 S.E.2d 266 (1985): “1. ‘One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That po 1995The elements to show adverse possession are set forth in Syllabus Points 1 and 2 of White v. Lambert, 175 W.Va. 253 , 332 S.E.2d 266 (1985): “1. ‘One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That po | 3 | 1985–1995 |
White v. Lambert
green
2 sentences1995The elements to show adverse possession are set forth in Syllabus Points 1 and 2 of White v. Lambert, 175 W.Va. 253 , 332 S.E.2d 266 (1985): “1. ‘One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That po 1995The elements to show adverse possession are set forth in Syllabus Points 1 and 2 of White v. Lambert, 175 W.Va. 253 , 332 S.E.2d 266 (1985): “1. ‘One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That po | 2 | 1989–1995 |
Wilson v. Braden
green
2 sentences1988The elements of adverse possession were set out in syllabus point 3 of Somon v. Murphy Fabrication & Erection Co., supra: “One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That possession has been under 1988The elements of adverse possession were set out in syllabus point 3 of Somon v. Murphy Fabrication & Erection Co., supra: “One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That possession has been under | 2 | 1977–1988 |
Binonti v. Kauffeld Co.
neutral
2 sentences1988The elements of adverse possession were set out in syllabus point 3 of Somon v. Murphy Fabrication & Erection Co., supra: “One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That possession has been under 1977One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of *90 the following elements for the requisite statutory period: 3 (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That possession has been under claim of title or color of title. 4 Bitonti v. Kauffield Co., 94 W. | 2 | 1977–1988 |
Brown v. Gobble
green
2 sentences2023In this regard, [][o]ne who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period [which is ten years]: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That possession has been under claim of title or color of title.[] Id. at 566 , 474 S.E.2d at 496 (quoting Syl. 2023In this regard, [][o]ne who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period [which is ten years]: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That possession has been under claim of title or color of title.[] Id. at 566 , 474 S.E.2d at 496 (quoting Syl. | 1 | 2023–2023 |
Harman v. Alt
neutral
2 sentences2018“Actual, open, notorious, exclusive and continuous adverse possession of land for more than ten years, confers good legal title, enabling the owner to maintain an action for unlawful entry and detainer against one who enters unlawfully.” Syl. pt. 2, Harman v. Alt, 69 W.Va. 287 , 71 S.E. 709 (1911). 5. 2018“Actual, open, notorious, exclusive and continuous adverse possession of land for more than ten years, confers good legal title, enabling the owner to maintain an action for unlawful entry and detainer against one who enters unlawfully.” Syl. pt. 2, Harman v. Alt, 69 W.Va. 287 , 71 S.E. 709 (1911). 5. | 1 | 2018–2018 |
Jarrett v. Stevens
green
2 sentences1996In Syllabus Point 3 of Somon v. Murphy Fabrication and Erection Co., 160 W.Va. 84 , 232 S.E.2d 524 (1977) this Court stated: ‘One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That possession has been un 1996In Syllabus Point 3 of Somon v. Murphy Fabrication and Erection Co., 160 W.Va. 84 , 232 S.E.2d 524 (1977) this Court stated: ‘One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That possession has been un | 1 | 1996–1996 |
Core v. Faupel
green
1 sentence1988The elements of adverse possession were set out in syllabus point 3 of Somon v. Murphy Fabrication & Erection Co., supra: “One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That possession has been under | 1 | 1988–1988 |
Heavner v. Morgan
green
2 sentences1988The elements of adverse possession were set out in syllabus point 3 of Somon v. Murphy Fabrication & Erection Co., supra: “One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That possession has been under 1988The elements of adverse possession were set out in syllabus point 3 of Somon v. Murphy Fabrication & Erection Co., supra: “One who seeks to assert title to a tract of land under the doctrine of adverse possession must prove each of the following elements for the requisite statutory period: (1) That he has held the tract adversely or hostilely; (2) That the possession has been actual; (3) That it has been open and notorious (sometimes stated in the cases as visible and notorious); (4) That possession has been exclusive; (5) That possession has been continuous; (6) That possession has been under | 1 | 1988–1988 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.