CHARLESTON — A petition for declaratory judgment was filed in a case involving Market Street Mortgage Corporation and a Cross Lanes couple.
Kevin B. Withrow and Laura L. Withrow filed the lawsuit against Market Street alleging that they have lived in a home in Cross Lanes since 1992, according to a complaint filed in Kanawha Circuit Court.
Since then, the plaintiffs have paid taxes on the property and have continuously lived on the property. The defendant has taken no action to eject or otherwise claim ownership of the property, according to the suit.
The Withrows want the declare themselves the owners of the property through adverse possession and to do so, they must prove that they have held the tract adversely or hostilely; possession has been actual; that it has been open and notorious; that possession has been exclusive and continuous; and that possession has been under the claim of title or color of title.
The Withrows claim they have possessed Lot 38 by living and residing on the property; have possessed the lot openly and notoriously since 1992; and their possession has been actual and continuous since 1992.
"Because Petitioners have satisfied the elements of adverse possession, Petitioners request this Court declare Petitioners the legal owners of Lot 38," the complaint states. "By so declaring Petitioners legal owners of Lot 38, said declarations would clear up title to the property, this quieting title."
The petitioners are seeking the court to issue a decree declaring the title of the property to the petitioners and disavowing any ownership interest by all other persons who claimed or may have claimed an ownership interest in the matter. They are being represented by Michael W. Taylor and Harrison M. Cyris of Bailey & Wyant in Charleston.
The case was assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 21-C-951
