Short answer

If the recorded deed and title chain show that the property was lawfully conveyed out of your mother’s estate decades ago, you likely no longer have a legal ownership interest in that parcel under West Virginia law. However, whether that conveyance is final and cannot be challenged depends on several issues: whether the estate administration was valid, whether the person who received the deed is a bona fide purchaser, whether someone else acquired title by adverse possession or other means, and whether statutes of limitation or equitable doctrines (like laches) bar challenge. You should obtain the deed and probate records, get a full title search, and talk with a West Virginia real estate or probate attorney about next steps.

Detailed answer — what to look for and how West Virginia law applies

1. Confirm what the survey and public records actually show

Start by getting copies of the recorded deed(s) that the survey references and any probate records for your mother’s estate. A survey is persuasive for boundaries but does not by itself create or destroy title. The legal effect turns on recorded instruments (deeds, probate orders) and the chain of title in the county land records.

2. Was there a valid conveyance from the estate?

In West Virginia, property of a decedent’s estate is transferred according to probate procedures. If a personal representative (executor/administrator) properly administered the estate and the court or applicable procedures authorized the sale or conveyance, the recorded deed can pass legal title to the buyer. Look in the estate file (probate court) for orders that authorized any sale, as well as the personal representative’s inventory and accounting. See West Virginia statutes governing decedents’ estates for the general framework (see Chapter 44 of the West Virginia Code): West Virginia Code, Chapter 44 — Decedents’ Estates.

3. Can heirs challenge an old conveyance?

Heirs may challenge a conveyance if it was invalid (e.g., forged deed, sale without required authorization, fraud in the probate), but many challenges are limited by time-related rules. West Virginia’s statutes of limitations and rules on actions to recover real property or quiet title can prevent late challenges. For basic limitations law in West Virginia (including adverse possession and time limits for claims), see Chapter 55 of the West Virginia Code: West Virginia Code, Chapter 55 — Limitations. Specific deadlines depend on the nature of the claim (e.g., claim to recover land, fraud, or to set aside probate acts).

4. Defenses likely to protect the current owner

Even if you believe a conveyance was improper, potential defenses for the current deed-holder include:

• Bona fide purchaser for value: a person who bought in good faith and paid value may take title free of certain prior claims;
• Statute of limitations: many claims to set aside conveyances or recover property must be brought within a fixed period;
• Laches or estoppel: if heirs waited a very long time to object while the buyer relied on the deed, equity may bar undoing the transfer;
• Chain of title and recordings: subsequent conveyances, mortgages, or tax sales can complicate efforts to reclaim title.

5. Other ways title might have changed

Even absent a deed from the estate, title can pass by: adverse possession (possession that is open, continuous, exclusive, and notorious for the statutory period), foreclosure or tax sale, or by operation of law. West Virginia’s adverse possession and related rules are in the limitations chapter of the code; consult a lawyer to evaluate any claim based on possession.

6. Practical consequences

If you truly have no interest because title passed out of the estate decades ago, practical consequences can include:

• You cannot use, occupy, or sell the property without the current owner’s consent;
• You likely will not be entitled to proceeds if the property was sold lawfully by the estate and proceeds were properly disbursed to heirs or creditors during probate;
• If you believe the conveyance was invalid, you may have limited and time-sensitive remedies; acting promptly improves chances to preserve legal rights.

7. What to do next — step-by-step

1. Obtain and read the recorded deed(s) and the legal description referenced by the survey.
2. Obtain a copy of your mother’s probate file from the county probate court to see how the estate was administered and whether a sale or distribution order exists.
3. Order a title search (through a title company or attorney) to see the full chain of title and any encumbrances.
4. Contact a West Virginia attorney experienced in probate and real property to evaluate whether any legal claim (to cancel a deed, reopen probate, or quiet title) remains viable.
5. If immediate action is needed to preserve rights (for example, you suspect fraud or a looming sale), seek legal help right away — some claims have short deadlines.

Helpful Hints

• Do not rely on a survey alone — always check the recorded deed and county land records.
• Get certified copies of probate records from the probate court where your mother’s estate was administered.
• Use a title company to produce a title report; it will show recorded transfers, mortgages, and defects in the chain of title.
• Note that many remedies are time-limited. If you suspect wrongdoing (fraud, forgery, or improper administration), act quickly.
• Preserve any original documents you have (wills, deeds, letters, statements) and gather witness contacts who might know about the estate administration.
• If you are communicating with the current owner, be careful in what you say; avoid making admissions that could harm a legal claim.
• Expect fee and cost trade-offs: sometimes contesting a decades-old transfer is expensive and uncertain — an attorney can explain costs vs. likely outcomes.

Where to find West Virginia statutes and records

West Virginia Code chapters commonly relevant to these matters include Chapter 44 (Decedents’ Estates) and Chapter 55 (Limitations). You can review these laws at the West Virginia Legislature’s code site:

• West Virginia Code — Chapter 44: Decedents’ Estates
• West Virginia Code — Chapter 55: Limitations

For county-level probate records and land recordings, contact the local probate court and county clerk/recorder where the property is located.