Brother And Dad Gave Uncle Permission To Use Mine And Mom's Land

Location: WV

My parents purchased 2 plots of land, one behind the other, when I was a baby. They divorced when I was 5, and mother's share of the property settlement was this land. The agreement stated she could never sell it, and that it could only pass to us kids. Brother got the back lot and I got the front lot. Lot is in WV, mom and dad both live there, brother and I do not.

Mom called me the other day to say that someone had built a structure on the land, had been driving through the creek bed, and cutting down trees. Said she thought it was my uncle on my dad's side. She wanted to put up a fence, a gate, and build me a house to keep people off the land. I thought she was crazy and even talked about getting a conservatorship because of her increasing paranoia, but agreed with her that it would be a good idea to put up a fence and a gate. She put in 2 posts for the gate and left them to set.

Last night I got a call from my uncle about the fence posts. She wasn't crazy. He said him and dad had permission from brother and was panicked about the gate posts. He also asked if i was sure that the property taxes were paid, he asked it 3 times. It felt like he was trying to set up an adverse possession claim. I told him I had concerns, that I needed time to sort everything out, but that mom is paying the taxes and if it comes down to him or her, I'm deferring to her because it's her property that she has exclusively paid and maintained for 40 years.

Apparently dad gave him permission, and apparently brother gave dad permission. No one asked me. No one even considered that I could own part of it. Mom wants him no where near it. He still wants access, and when I mentioned a written agreement, he tried the "but family" thing.

I've gathered that the structure and a fire pit appear to be on brother's land. He's driving through a creek bed and cutting down trees for firewood on my land. I need a survey. There is likely no easement to go through my land to his, but there is only one other way to go, through a road on dad's wife's family's land.

TLDR: brother let dad use his land and dad let uncle use it. Mine is the lot in front of his. A structure was built there and they've been driving through my creekbed (illegal without a permit) and cutting down trees. I don't want family drama, but I also don't want liability. Mom pays the taxes and maintains the property.

My questions:

How long before he has an adverse possession claim?

Will I be held responsible by WVDNR if someone is driving through my creekbed without consent? There is no bridge.

Is it a good idea to make a written agreement so that he has permission to prevent an adverse possession claim and limit concerning activity?

What else should I do? Mom is talking to a lawyer today.

EDIT: I verified I am the sole owner, in care of mom's name. Brother's was deeded the same and he removed mom's name when they had a falling out.

Tax office confirmed taxes are up to date, and clerk verified there is a 30 foot wide right of way through mine to his.

I got dad on the phone and I think we've resolved my concerns mostly. Brother told them it was his alone and they all learned that was wrong yesterday.

There was access to lot B without going through my land, but the owner of that road refused access back in 1983. To solve that without going to court with a neighbor, they created the right of way through mine. That owner is no longer in the picture. There is an entry point through dad's father in law's land and he's confident that they can use it. He's confirming with father in law this weekend and I'm moving forward with the gate install with him on board as well.

They are going to mostly stay off my land, but dad will keep an eye on it to make sure everyone else stays off of it, because this area is prone to squatter issues and land theft is not unheard of there. He has warned me that the gate install will draw curious people but told me to do it if it makes me feel more secure. They intentionally stayed on that back acreage and did nothing to the front lot to avoid curious people. Turns out we're a whole paranoid family.

Haven't heard back from mom on her talk with the attorney, but to clarify that this is the most West Virginia thing ever, she pays this lawyer by bringing him morel mushrooms that she forages, and he accepts them as payment.