(a) A warehouse has a lien against the bailor on the goods covered by a warehouse receipt or storage agreement or on the proceeds thereof in its possession for charges for storage or transportation, including demurrage and terminal charges, insurance, labor, or other charges, present or future, in relation to the goods, and for expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to law. If the person on whose account the goods are held is liable for similar charges or expenses in relation to other goods whenever deposited and it is stated in the warehouse receipt or storage agreement that a lien is claimed for charges and expenses in relation to other goods, the warehouse also has a lien against the goods covered by the warehouse receipt or storage agreement or on the proceeds thereof in its possession for those charges and expenses, whether or not the other goods have been delivered by the warehouse. However, as against a person to which a negotiable warehouse receipt is duly negotiated, a warehouse's lien is limited to charges in an amount or at a rate specified in the warehouse receipt or, if no charges are so specified, to a reasonable charge for storage of the specific goods covered by the receipt subsequent to the date of the receipt.
(b) A warehouse may also reserve a security interest against the bailor for the maximum amount specified on the receipt for charges other than those specified in subsection(a), such as for money advanced and interest. The security interest is governed by article 9.
(c) A warehouse's lien for charges and expenses under subsection (a) or a security interest under subsection (b) is also effective against any person that so entrusted the bailor with possession of the goods that a pledge of them by the bailor to a good-faith purchaser for value would have been valid. However, the lien or security interest is not effective against a person that before issuance of a document of title had a legal interest or a perfected security interest in the goods and that did not:
(1) Deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor's nominee with:
(A) Actual or apparent authority to ship, store, or sell;
(B) Power to obtain delivery under section 7-403; or
(C) Power of disposition under sections 2-403, 2A-304(2), 2A-305(2), 9-320, or 9-321(c) or other statute or rule of law; or
(2) Acquiesce in the procurement by the bailor or its nominee of any document.
(d) A warehouse's lien on household goods for charges and expenses in relation to the goods under subsection (a) is also effective against all persons if the depositor was the legal possessor of the goods at the time of deposit. In this subsection, "household goods" means furniture, furnishings, or personal effects used by the depositor in a dwelling.
(e) A warehouse loses its lien on any goods that it voluntarily delivers or unjustifiably refuses to deliver.
Structure West Virginia Code
Chapter 46. Uniform Commercial Code
Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title
§46-7-102. Definitions and Index of Definitions
§46-7-103. Relation of Article to Treaty or Statute
§46-7-104. Negotiable and Nonnegotiable Document of Title
§46-7-105. Reissuance in Alternative Medium
§46-7-106. Control of Electronic Document of Title
§46-7-201. Person That May Issue a Warehouse Receipt; Storage Under Bond
§46-7-202. Form of Warehouse Receipt; Effect of Omission
§46-7-203. Liability for Nonreceipt or Misdescription
§46-7-204. Duty of Care; Contractual Limitation of Warehouse's Liability
§46-7-205. Title Under Warehouse Receipt Defeated in Certain Cases
§46-7-206. Termination of Storage at Warehouse's Option
§46-7-207. Goods Must Be Kept Separate; Fungible Goods
§46-7-208. Altered Warehouse Receipts
§46-7-210. Enforcement of Warehouse's Lien
§46-7-302. Through Bills of Lading and Similar Documents of Title
§46-7-303. Diversion; Reconsignment; Change of Instructions
§46-7-304. Tangible Bills of Lading in a Set
§46-7-306. Altered Bills of Lading
§46-7-308. Enforcement of Carrier's Lien
§46-7-309. Duty of Care; Contractual Limitation of Carrier's Liability
§46-7-401. Irregularities in Issue of Receipt or Bill or Conduct of Issuer
§46-7-402. Duplicate Document of Title; Overissue
§46-7-403. Obligation of Bailee to Deliver; Excuse
§46-7-404. No Liability for Good-Faith Delivery Pursuant to Document of Title
§46-7-501. Form of Negotiation and Requirements of Due Negotiation
§46-7-502. Rights Acquired by Due Negotiation
§46-7-503. Document of Title to Goods Defeated in Certain Cases
§46-7-504. Rights Acquired in Absence of Due Negotiation; Effect of Diversion; Stoppage of Delivery
§46-7-505. Indorser Not Guarantor for Other Parties
§46-7-506. Delivery Without Indorsement: Right to Compel Indorsement
§46-7-507. Warranties on Negotiation or Delivery of Document of Title
§46-7-508. Warranties of Collecting Bank as to Documents of Title
§46-7-509. Adequate Compliance With Commercial Contract
§46-7-601. Lost, Stolen or Destroyed Documents of Title
§46-7-602. Judicial Process Against Goods Covered by Negotiable Document of Title