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Introduced Version Senate Bill 148 History

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sb148 intr
Senate Bill No. 148

(By Senator Minard)

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[Introduced on February 10, 2005; referred to the Committee on the Judiciary.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-2-1b, relating to precluding a party from asserting an adverse possession claim in a boundary dispute where the claimant holds color of title through a residue deed.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §55-2-1b, to read as follows:
ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.
§55-2-1b. Color of title through deed which fails to define boundaries insufficient to raise adverse possession claim in boundary dispute.

A party is precluded from asserting an adverse possession claim in a boundary dispute wherein the party holds color of title through a deed which fails to define the boundaries with reasonable certainty.
NOTE: The purpose of this bill is to preclude parties who hold color of title through a residue deed from asserting an adverse possession claim in a boundary dispute.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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