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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