West Virginia Code § 61-3B-1

Definitions
Open in Lexace · Ask the AI about this section
As used in this article:
(1) "Structure" means any building of any kind, either temporary or permanent, which has a
roof over it, together with the curtilage thereof.
(2) "Conveyance" means any motor vehicle, vessel, railroad car, railroad engine, trailer,
aircraft or sleeping car, and "to enter a conveyance" includes taking apart any portion of the
conveyance.
(3) An act is committed "in the course of committing" if it occurs in an attempt to commit the
offense or in flight after the attempt or commission.
(4) "Posted land" is land that has: a
(A) Signs placed not more than five hundred feet apart, along and at each corner of the
boundaries of the land. The signs shall be reasonably maintained, with letters of not less
than two inches in height and the words "no trespassing". The signs shall be placed along
the boundary line and at all roads, driveways and gates of entry onto the posted land so as
to be clearly noticeable from outside of the boundary line; or
(B) Boundaries marked with a clearly visible purple painted marking, consisting of one
vertical line no less than eight inches in length and two inches in width, and the bottom of
the mark not less than three nor more than six feet from the ground or normal water
surface. Such marks shall be affixed to immovable, permanent objects that are no more than
one hundred feet apart and readily visible to any person approaching the property. Signs
shall also be posted a t all roads, driveways or gates of entry onto the posted land so as to be
clearly noticeVable from outside the boundary line.
(C) It is not necessary to give notice by posting on any enclosed land or place not exceeding
five acres in area on which there is a dwelling house or property that by its nature and use is
obviously private in order to obtain the benefits of this article pertaining to trespass on
enclosed lands.
(5) "Cultivated land" is that land which has been cleared of its natural vegetation and is
presently planted with a crop, orchard, grove, pasture or trees or is fallow land as part of a
crop rotation.
(6) "Fenced land" is that land which has been enclosed by a fence of substantial
construction, whether with rails, logs, post and railing, iron, steel, barbed wire, other wire or
other material, which stands at least three feet in height. For the purpose of this article, it
shall not be necessary to fence any boundary or part of a boundary of any land which is
formed by water and is posted with signs pursuant to the provisions of this article.
(7) Where lands are posted, cultivated or fenced as described herein, then such lands, for
the purpose of this article, shall be considered as enclosed and posted.
(8) "Trespass" under this article is the willful unauthorized entry upon, in or under the
property of another, but shall not include the following:
(A) Entry by the state, its political subdivisions or by the officers, agencies or
instrumentalities thereof as authorized and provided by law.
(B) The exercise of rights in, under or upon property by virtue of rights-of-way or easements
by a public utility or other person owning such right-of-way or easement whether by written
or prescriptive right. u
(C) Permissive entry, whether written or oral, and entry from a public road by the
established private ways to reach a residence for the purpose of seeking permission shall not
be trespass unless signs are posted prohibiting such enatry.
(D) Entry performed in the exercise of a property rlight under ownership of an interest in,
under or upon such property.
(E) Entry where no physical damage is done to property in the performance of surveying to
ascertain property boundaries, and in the performance of necessary work of construction,
maintenance and repair of a common property line fence, or buildings or appurtenances
which are immediately adjacent to the property line and maintenance of which necessitates
entry upon the adjoining owner's property.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.