What Is the Statute of Limitations for Trespass in West Virginia?
In West Virginia, the statute of limitations for trespass is generally 2 years under W. Va. Code § 55-2-12(a).
Trespass Deadlines in West Virginia
How long do you have to file a trespass claim in West Virginia?
In West Virginia, the statute of limitations for trespass is generally 2 years under W. Va. Code § 55-2-12(a).
When does the clock start for trespass in West Virginia?
Two years for trespass causing damage to property.
Can the West Virginia deadline for trespass be extended?
Section 55-3-1 is reported at three years for some real-property actions — confirm which applies to the specific claim.
Is the deadline different if the claim is against the government in West Virginia?
Often, yes. Generally 2 years; political subdivision limits apply under W. Va. Code §§ 29-12A-6, 55-2-12. The West Virginia Governmental Tort Claims and Insurance Reform Act, ch. 29-12A, governs claims against political subdivisions and sets a two-year period in § 29-12A-6, alongside immunity provisions and damages caps. West Virginia does not impose a short unive…
How does West Virginia compare to other states for trespass?
West Virginia's 2 years is among the shortest in the country. Across the 48 jurisdictions with a verified figure, the deadline for trespass ranges from 2 years to 10 years, and 3 years is the most common. Compare all states →
What Does Trespass to Land Cover?
Situations that typically fall under the trespass deadline in West Virginia:
