What is the statutory means in West Virginia to handle property disputes when owners disagree or are missing?

The statutory means to handle property disputes when owners disagree or are missing in West Virginia is through a partition. A partition is a legal action that allows co-owners of a property to divide their interests or to have the property sold and the proceeds distributed among them. This legal remedy is particularly useful when co-owners cannot agree on the management, use, or sale of the property.

In situations where owners are absent or disagreements are intractable, a partition action ensures that one owner does not hold disproportionate control over the property while safeguarding the rights of all co-owners. The court can order a physical division of the property if it is feasible, or it can mandate the sale of the property if physical division is impractical, such as in the case of undivided interests in real estate.

This process helps to resolve disputes and re-establish clear ownership and use rights, making it the appropriate statutory remedy in such contexts. Other options like litigation, mediation, and arbitration may also address disputes but do not specifically provide a statutory process for the partition of property.