The defendant shall not be liable for such annual value or damages for any period longer than five years before the action or suit was brought, except that, if the sum allowed by the jury for the improvements exceed that allowed to the plaintiff for the annual value and damages of the premises under section three of this article, the jury may then estimate against the defendant such annual value and damages for the time he has used and occupied the same before the said five years.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
Article 5. Allowance for Improvements
§55-5-1. Method of Asserting Claim
§55-5-2. Valuation of Improvements Made by Defendant Before Notice of Title
§55-5-4. Same -- for What Period Defendant Liable
§55-5-5. Verdict for Balance After Damages Set Off Against Improvements; Entry of Judgment
§55-5-7. Reimbursement of Life Tenant by Remainderman or Reversioner
§55-5-8. Exception as to Mortgagees and Trustees
§55-5-9. Plaintiff May Require His Estate Only to Be Valued -- by Entry on Record
§55-5-10. Same -- How Estimated
§55-5-11. Same -- Relinquishment of Estate to Defendant at Value Ascertained
§55-5-12. Same -- Same -- How Value Paid; Sale of Land for Failure to Make Payments; Deficiency
§55-5-13. Same -- Same -- Disposition of Value When Party Under Disability
§55-5-14. Same -- Same -- Eviction of Defendant; Recovery of Amount Paid