West Virginia Code
W. Va. Code § 55-2-1 (2026)
Entry upon or recovery of lands
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.
§55-2-1. Entry upon or recovery of lands.
No person shall make an entry on, or bring an action to recover, any land, but within ten years next after the time at which the right to make such entry or to bring such action shall have first accrued to himself or to some person through whom he claims.
Notes of Decisions
Cited in 21
cases (4 in the last 5 years), 1975–2025 · leading case: Patrick v. Sharon Steel Corp., 549 F. Supp. 1259 (N.D. W. Va. 1982).
Patrick v. Sharon Steel Corp., 549 F. Supp. 1259 (N.D. W. Va. 1982). “This motion is based on Sharon’s contention that by operation of W.Va.Code, § 55-2-1 that it has obtained a prescriptive easement over the Plaintiffs’ lands and other property rights.”
Williamson v. Gane, 345 S.E.2d 318 (W. Va. 1986). “…some other reason, no proper administration of the estate was completed. [1] The applicable limitations period. See W.Va. Code § 55-2-1 (1981).”
Brown v. Gobble, 474 S.E.2d 489 (W. Va. 1996). “2d at 153-154 , the following: *566 “The doctrine of adverse possession is firmly established in our property law and accompanies W. Va.Code 55-2-1 [1923] in settling land disputes equitably and efficiently.”
Sticklen v. Kittle, 287 S.E.2d 148 (W. Va. 1981). “§ 55-2-1 , which easement constitutes a property right capable of being protected by injunctive relief.”
State ex rel. Morgan v. Miller, 350 S.E.2d 724 (W. Va. 1986). “West Virginia Code § 2-2-2 provides: When a proceeding is directed to take place or any act to be done on any particular day of the month or within any period of time prescribed or allowed, including those provided by article two [§ 55-2-1 et seq.], chapter fifty-five of this…”
Est. of Helmick ex rel. Fox v. Martin, 425 S.E.2d 235 (W. Va. 1992). “(b) If any such action is begun during the lifetime of the injured party, and within the period of time permissible under the applicable statute of limitations as provided by articles two [§ 55-2-1 et seq.] and two-A [§ 55-2A-1 et seq.”
Norman v. Belcher, 378 S.E.2d 446 (W. Va. 1989). “His use of the property in such a manner was wholly inconsistent with the use of the roadway as a means of ingress and egress to the 15-acre tract.”
Roberts v. Rowe, 89 F.R.D. 398 (S.D. W. Va. 1981). “* * * * * * (b) If such action is begun during the lifetime of the injured party, and within the time permissible under the applicable statute of limitations as provided by Articles two [§ 55-2-1 et seq.] and two-A [§ 55-2A-1 et seq.”
Wanda Williams v. CMO Mgmt., LLC, 803 S.E.2d 500 (W. Va. 2016). “The determination of whether a personal representative can bring an action upon death is statutorily dependent on the limitation periods set forth in "articles two [§§ 55-2-1 et seq.] and two-A [§§ 55-2A-1 et seq.”
Payne v. Weirton Steel Co., 397 F. Supp. 192 (N.D. W. Va. 1975). “Plaintiff suggests W.Va.Code § 55-2-1 et seq. as being more analogous to back pay awards than other sections of the Code.”
Elder v. Smith, 474 S.E.2d 590 (W. Va. 1996). “W.Va. Code § 55-2-1 (1994). The only element in dispute in this case is the first: adverse or hostile occupation.”
United States v. 298.25 Acres of Land, 587 F. Supp. 1510 (S.D. W. Va. 1984). “(a) W.Va.Code § 55-2-1 requires that the Low Severance Deed must have been challenged within ten (10) years of the recording of the Low Severance Deed on October 24, 1882; and (b) a delay of over one hundred (100) years is inexcusable and the claim of the Ross Heirs is also…”
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