Senate Bill No. 199
(By Senator Minard)
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[Introduced January 18, 2006; 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.