how would I go about getting a title ?
I will give you a summary of what is needed, but only for informational purposes as if you intend to prove up on the property under the doctrine of adverse possession you will definitely need the services of an attorney well experienced in this field of law. It is a complicated, lengthy, time consuming and expensive process and far beyond the capabilities of a layman. So don’t even think about doing this pro per.
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To gain marketable title under the doctrine of adverse possession will require you to file an action quieting title to the tract of land . In other words, to secure a court decree quieting title in your name and permanently enjoining any and all record owners, their heirs descendants or assigns and all unknown claimants from asserting any right, title, claim or interest in the property.
There are just no other options.
Who needs to be named as the defendants?
Someone has suggested that it is just a matter of checking with the county register of deeds to find the names of the recorded owners. Well, that is not going to give you the information needed because those county records are indexed by name and not by the tract of property.
The first order of business is for the attorney to order from a local title company what is known as a Litigation Report. That report will give you the names of all of the recorded owners who must be named as defendants and upon whom service of process must be made.
And that means that all of the individuals named in the Litigation Report in some legal manner or other MUST BE SERVED WITH PROCESS. Either personally, where their addresses are known – or if out of state, the attorney you will need to move for and secure an order for personal service out of state - or by publication of summons.
Fortunately for your sake, West Virginia is not of the states that requires that the adverse claimant must prove that he or she has paid all the real property taxes assessed against the tract for the statutory period of ten years.
But you will need to establish these elements: *
What will be required of you is to establish the following elements: *
(1) That the property has been held adversely
(2) That the possession has been actual;
(3) That it has been open, visible and notorious;
(4) That possession has been exclusive;
(5) That possession has been continuous for not less than ten years;
(6) That possession has been under claim of title or color of title.
Again this is just an outline of what is needed. Rely on the advice of your attorney. But keep in mind that it is a meticulous undertaking to make sure that all of the necessary party defendants are named and served with process. Miss just one and you are not going to acquire marketable title. That is why the Litigation Report is so absolutely necessary.
Good luck
[*] See West Virginia case of: Somon v. Murphy Fabrication & Erection Co. , 160 W.Va. 84, 232 S.E.2d 524 (1977).