W. Va. Code §§ 55-3-1 to 55-3-6 § 55-3-6
Equitable defenses; adverse possession.
Operative Text
All the provisions of sections eleven, twelve, thirteen and sixteen of article four of this chapter shall prevail, and control the respective rights of the parties, in any action brought under this article.
West Virginia Code § 55-3-6 incorporates specific provisions from Chapter 55, Article 4 — including sections 11, 12, 13, and 16 — into unlawful entry or detainer actions. Those cross-referenced sections govern equitable defenses and adverse possession claims, meaning that the rights and remedies available in those sections carry over and shape how courts resolve disputes brought under Article 3. In effect, neither party in an unlawful detainer action is limited solely to the narrow procedural rules of Article 3; the broader equitable framework of the referenced Article 4 sections also applies.
Plain English — not legal advice.
Under § 55-3-6, property owners pursuing an unlawful entry or detainer action in West Virginia should be aware that the incorporated Article 4 provisions — sections 11, 12, 13, and 16 — can affect the outcome of the case beyond the basic detainer framework. Compliant operators generally familiarize themselves with those cross-referenced sections before initiating proceedings, since defenses available under them may be raised by the opposing party. Consulting with a licensed West Virginia attorney familiar with real property law is a common step operators take when navigating actions under this article.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 55-3-6 means that if you are a party to an unlawful entry or detainer action in West Virginia, you may be able to raise equitable defenses drawn from Article 4, sections 11, 12, 13, and 16 of Chapter 55 — including arguments related to adverse possession. Tenants facing such proceedings often explore whether these cross-referenced provisions offer applicable defenses in their situation. Tenant-rights organizations and legal aid offices in West Virginia can help individuals understand how these incorporated provisions might be relevant to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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