A person who, while in possession thereof, makes, alters, repairs, stores, transports or in any way enhances the value of an article of personal property, or boards, pastures, feeds, trains, improves or transports any animal shall have a lien upon such article or animal while lawfully in the possession thereof, for the charges agreed upon, or, if no charges be agreed upon, then for his just and reasonable charges for the work done or the board or storage or transportation furnished, to the extent and in the manner provided for in section fourteen of this article, and may retain possession thereof until such charges are paid. Such lien shall be good against the person who deposited the property with the lienor and against any other person by whose authority or with whose consent the property was deposited: Provided, That, notwithstanding the provisions of this section and section two of this article, if a person possessing an improver's lien on a motor vehicle releases that vehicle to a secured party taking possession after default, the secured party shall, upon redemption of the vehicle by the debtor or resale or other disposition by the secured party, pay to the improver the lesser of: (i) The actual cost of improvements as measured by the cost of inventory and labor; or (ii) $1,500: Provided, however, That improvements shall not include nonstock changes in the appearance or performance of the vehicle: Provided further, That if after satisfaction of any prior perfected lien, proceeds remain from the sale, redemption or other disposition of the vehicle by the secured party, such proceeds shall be used to satisfy any balance remaining on the improver's lien: And provided further, That nothing herein shall be construed as impairing or affecting the secured party's right to recover under any insurance policy covering the vehicle. If two or more articles of personal property are made, altered, repaired, stored, transported or enhanced in value as aforesaid, or two or more animals are boarded, pastured, fed, trained, improved or transported as aforesaid, under one contract or agreement, any one or more of such articles or animals may be held under the lien, hereinbefore mentioned, for all of the charges upon all such articles included in such contract or agreement.
Structure West Virginia Code
Article 11. Miscellaneous Liens and Pledges
§38-11-1. Definition of Lienor
§38-11-2. Rights of Lienor in Property Subject to Other Claims; Priority
§38-11-3. Improver's, Storer's or Transporter's Lien on Personal Property and Animals
§38-11-4. Lien of Bailee of Animals or Vehicles
§38-11-5. Lien for Lodging and Board
§38-11-6. Lien of Humane Officer
§38-11-7. Recovery of Possession From Owner by Lienor
§38-11-8. Lien for Service of Male Animals
§38-11-9. Workman's or Materialman's Lien on Vessel
§38-11-10. Lienor's Right to Compensation and Lien for Storage
§38-11-11. Assignability of Liens
§38-11-12. Liability of Lienor or Pledgee for Safe Return of Property Delivered to Another
§38-11-13. How Possessory Lien May Be Waived, Lost or Released
§38-11-14. Enforcement of Lien or Pledge
§38-11-15. Sale or Disposition of Perishable or Hazardous Goods by Lienor or Pledgee