What happens if someone is squatting in the property before it’s sold — and how to get them removed

Short answer: In West Virginia you cannot forcibly remove someone yourself. First identify whether the person is a squatter, a tenant, or has some legal right. Then use written demand, the civil ejectment/forcible-detainer process, and, if appropriate, criminal trespass procedures. Work with your title company and an attorney so a sale or closing is not derailed.

Detailed answer

1. Confirm who is on the property and why

Start by determining the occupant’s status. They may be:

• A tenant with a lease (written or verbal).
• A squatter (no lease or permission).
• Someone with a claim to the property (family member, buyer from a prior deal, or someone asserting adverse possession).

Ask for documents (lease, written permission) and take photos or video that show the situation. Keep a log of dates and interactions. Do not threaten or use force to remove them — self-help eviction (changing locks, shutting off utilities, or hauling possessions away) can expose you to civil and criminal liability.

2. Provide a written demand to vacate

Whether the occupant is a squatter or an informal tenant, send a written demand that they vacate the property immediately. Deliver it by certified mail and keep proof of delivery. A written demand creates a clear record if you must go to court.

3. File the correct court action — summary ejectment / forcible detainer or ejectment

If they refuse to leave, the owner must file a court action. In West Virginia the usual paths are a forcible detainer (summary eviction) or an ejectment action:

• For an occupant who is effectively a tenant or who asserts possessory rights, a forcible detainer/summary eviction in magistrate or circuit court is typical. These actions are designed to restore possession to the property owner quickly.
• If the occupant claims ownership or title, an ejectment or quiet-title action in circuit court will be necessary to resolve possession and title disputes.

These civil processes result, upon a successful judgment, in a writ or order for possession that the sheriff enforces.

4. Sheriff enforcement — obtaining physical possession

After you obtain a court judgment and a writ of possession, the sheriff or other court officer will carry out the eviction. They will remove the occupant and their belongings in accordance with the court’s order. Only law enforcement or a court officer should physically remove someone.

5. Criminal trespass and law enforcement

If the occupant broke into the property or is committing criminal trespass, you can contact police. Criminal charges (if applicable) run separately from civil eviction and may speed removal in some situations. Document trespass facts before contacting police — dates, photos, and witness statements.

6. Beware of adverse possession and other defenses

An occupant may assert adverse possession if they’ve occupied the property openly, continuously, exclusively, and hostilely for the statutory period. Adverse possession can result in the occupant obtaining title if they meet the statutory elements and time period. Because these claims involve strict legal requirements and long time periods, talk to an attorney early if you believe a squatter might claim adverse possession or if long-term occupation exists.

7. How this affects a pending sale or closing

If you are selling the property, notify the title company and buyer promptly. Title insurers commonly require clear possession and may refuse to insure title if a squatter occupies the property. Options include delaying the closing until removal is complete, using escrow to resolve claims, or negotiating credit with the buyer if both parties agree. Consult your closing agent and an attorney for the best approach.

Key West Virginia legal references

West Virginia’s statutory and procedural rules that typically apply to possession and civil actions are found in the West Virginia Code (Title 55 covers civil actions and procedure; Title 61 covers crimes). For statutory text and procedural details see the West Virginia Code and the Legislature’s site:
West Virginia Code (home) and Title 55 — Actions (civil procedures).

Typical timeline and costs

• Demand to vacate: immediate, no court fees.
• Filing eviction/ejectment: filing fees and service costs; timeline from a few weeks to several months depending on court schedules and appeals.
• Sheriff enforcement: scheduled after final judgment; additional sheriff’s fees may apply.
• Attorney fees: vary by firm; many offer flat fees for summary ejectment or hourly for complex quiet-title litigation.

Helpful hints

• Document everything: photos, videos, written communications, delivery receipts, and witness names. This is your strongest evidence in court.
• Never use self-help eviction. Don’t change locks, remove belongings, or turn off utilities to force someone out.
• Contact your title company immediately if you are selling. Title insurance companies need notice and may require legal steps before closing.
• If the occupant claims to rent, request a copy of any lease and written proof of rent payments. Tenancy disputes often require magistrate/circuit court resolution.
• Ask police about criminal trespass only if the facts support a criminal violation (breaking in, occupying after notice to leave). Criminal action is separate from civil eviction.
• Consult an attorney experienced in West Virginia property and eviction law early. Quiet-title or adverse-possession claims can be complex and time-sensitive.
• If you are an owner selling a property with potential possession issues, consider amending your contract timeline or using escrow to hold proceeds until the dispute resolves.

Disclaimer: This article explains general West Virginia legal concepts and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed West Virginia attorney.