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12 West Virginia opinions name it 2 courts 1892–2025 1 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 |
|---|---|---|
Somon v. Murphy Fabrication & Erection Co.green2 sentences2018In Somon v. Murphy Fabrication & Erection Co., 160 W.Va. 84, 89 , 232 S.E.2d 524, 528 (1977), we noted that the period for holding 7 Petitioner is not clear as to whether a fence presently exists along the western boundary of respondent’s property as he indicates that the fence needs to be either repaired or “restore[d].” 4 property under the doctrine of adverse possession “is co-equal to the statute of limitations barring suits for recovery of real property which . . . is ten years.” See W.Va. 2018In Somon v. Murphy Fabrication & Erection Co., 160 W.Va. 84, 89 , 232 S.E.2d 524, 528 (1977), we noted that the period for holding 7 Petitioner is not clear as to whether a fence presently exists along the western boundary of respondent’s property as he indicates that the fence needs to be either repaired or “restore[d].” 4 property under the doctrine of adverse possession “is co-equal to the statute of limitations barring suits for recovery of real property which . . . is ten years.” See W.Va. | 2 | 6 |
Parkersburg Industrial Co. v. Schultzgreen2 sentences2010Co. v. Schultz, 43 W.Va. 470 , 27 S.E. 255 (1897) ("Adverse possession is lost by break in its continuity, by abandonment, or other cause, before the bar of the statute is complete, and seisin is restored to the true owner. 2010Co. v. Schultz, 43 W.Va. 470 , 27 S.E. 255 (1897) ("Adverse possession is lost by break in its continuity, by abandonment, or other cause, before the bar of the statute is complete, and seisin is restored to the true owner. | 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 |
|---|---|---|
Russell v. Tennant
neutral
1 sentence2025Pt. 1, Russell v. Tennant, 63 W. | 1 | 2025–2025 |
Brown v. Gobble
green
1 sentence2020Pt. 2, Brown v. Gobble, 196 W. | 1 | 2020–2020 |
Town of Paden City v. Felton
green
1 sentence2009In Town of Paden City v. Felton, 136 W.Va. 127 , 66 S.E.2d 280 (1951), this Court addressed what a party must show in order to establish a prescriptive easement, stating at Syllabus Point 1; To establish an easement by prescription there must be continued and uninterrupted use or enjoyment for at least ten years, identity of the thing enjoyed, and a claim of right adverse to the owner of the land, known to and acquiesced in by him; but if the use is by permission of the owner, an easement is not created by such use. 7 All of the elements of prescriptive use, including the fact that the use rel | 1 | 2009–2009 |
Town of Paden City v. Felton
green
1 sentence2009In Town of Paden City v. Felton, 136 W.Va. 127 , 66 S.E.2d 280 (1951), this Court addressed what a party must show in order to establish a prescriptive easement, stating at Syllabus Point 1; To establish an easement by prescription there must be continued and uninterrupted use or enjoyment for at least ten years, identity of the thing enjoyed, and a claim of right adverse to the owner of the land, known to and acquiesced in by him; but if the use is by permission of the owner, an easement is not created by such use. 7 All of the elements of prescriptive use, including the fact that the use rel | 1 | 2009–2009 |
Naab v. Nolan
green
2 sentences1996Regarding the doctrine of adverse possession, we stated in Naab, 174 W.Va. at 392 , 327 S.E.2d at 153-154 , the following: *566 “The doctrine of adverse possession is firmly established in our property law and accompanies W. 1996Regarding the doctrine of adverse possession, we stated in Naab, 174 W.Va. at 392 , 327 S.E.2d at 153-154 , the following: *566 “The doctrine of adverse possession is firmly established in our property law and accompanies W. | 1 | 1996–1996 |
Johnston v. Terry
green
2 sentences1981Our rule regarding reformation of deeds is set forth in Syllabus Point 1 of Johnston v. Terry, 128 W.Va. 94 , 36 S.E.2d 489 (1946): “A court of equity has power and jurisdiction to decree the reformation of a deed executed through a mutual mistake of the parties as to what is intended therein, or through a mistake of a scrivener in failing to make the agreement express the mutual intention of the parties, where such reformation is sought as between the parties, or the successor of either, who, at the date he acquired an interest in the property affected by such deed, had notice of the grounds 1981Our rule regarding reformation of deeds is set forth in Syllabus Point 1 of Johnston v. Terry, 128 W.Va. 94 , 36 S.E.2d 489 (1946): “A court of equity has power and jurisdiction to decree the reformation of a deed executed through a mutual mistake of the parties as to what is intended therein, or through a mistake of a scrivener in failing to make the agreement express the mutual intention of the parties, where such reformation is sought as between the parties, or the successor of either, who, at the date he acquired an interest in the property affected by such deed, had notice of the grounds | 1 | 1981–1981 |
Binonti v. Kauffeld Co.
neutral
1 sentence1977One 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. | 1 | 1977–1977 |
Core v. Faupel
green
1 sentence1892See an able and learned discussion of the general doctrine of adverse possession in Taylor v. Burnsides, 1 Gratt. 165 ; Core v. Faupel, 24 W. | 1 | 1892–1892 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.