West Virginia Code
Chapter 36. Estates and Property

§36-1-14a. Doctrine of Worthier Title and Rule That Grantor Cannot Create a Limitation in His Own Heirs or Next of Kin Abolished - Wherever a person, by conveyance inter vivos or by will,...

§36-1-15. Contingent Remainder; Validity; Indestructibility - A contingent remainder shall in no case fail for want...

§36-1-16. Interest in Property Coupled With Power of Disposal - If any interest in or claim to real or personal...

§36-1-19. Joint Tenancy; Tenancy by Entireties; Survivorship - When any joint tenant or tenant by the entireties of...

§36-1-20. When Survivorship Preserved - (a) Section nineteen of this article does not apply to...

§36-1-20a. Elimination of Need for Straw Party in Creating Joint Tenancy With Right of Survivorship - Any conveyance or transfer of property, or any interest therein,...

§36-1-21. Alien May Own Land - Any alien may take by devise, inheritance, gift or purchase,...

§36-1-23. Exemption of Certain Employee Trusts From Rule Against Perpetuities or Restraints on Alienation - Pension, profit sharing, stock bonus, annuity or other employee trusts...

§36-1-24. Options in Leases Not Affected by Rule Against Perpetuities - An option contained in any lease to purchase the whole...

Article 1A. Uniform Statutory Rule Against Perpetuities

§36-1A-1. Statutory Rule Against Perpetuities - (a) A nonvested property interest is invalid unless: (1) When...

§36-1A-2. When Nonvested Property Interest or Power of Appointment Created - (a) Except as provided in subsections (b) and (c) of...

§36-1A-3. Reformation - Upon the petition of an interested person, a court shall...

§36-1A-4. Exclusions From Statutory Rule Against Perpetuities - The provisions of section one of this article do not...

§36-1A-5. Prospective Application - (a) Except as extended by subsection (b) of this section,...

§36-1A-6. Short Title - This article may be cited as the "Uniform Statutory Rule...

§36-1A-7. Uniformity of Application and Construction - The provisions of this article shall be applied and construed...

§36-1A-8. Supersession Repeal - The provisions of this article supersede the rule of the...

Article 2. Disposition of Estates Subject to Future Interests

§36-2-1. Sale or Lease of Real or Personal Property Subject to Future Interests - Whenever there is, either at law or in equity, in...

§36-2-2. Persons Who May File Bill - Such bill may be filed by any person having any...

§36-2-3. Parties to Such Suit - All persons in being who have any vested, contingent, or...

§36-2-4. Order of Publication - An order of publication may be entered and summons may...

§36-2-5. Guardian Ad Litem - When a defendant in any suit brought under the provisions...

§36-2-6. Contents of Bill - The bill shall describe the property sought to be sold...

§36-2-7. Evidence - Evidence may be taken as in other suits in chancery,...

§36-2-8. When Sale or Lease May Be Made - If it be clearly shown by the pleadings and proof...

§36-2-9. Sale or Lease of Timber, Oil, Gas, Coal or Other Minerals - If the property sought to be sold or leased under...

§36-2-10. Execution of Decree by Commissioner - If such sale, lease, mining lease or other conveyance shall...

§36-2-11. Title of Purchaser - Where a sale, lease, mining lease or other conveyance is...

§36-2-12. Disposition of Proceeds - The proceeds of sale, and the reversion subject to any...

§36-2-12a. Summary Proceedings for Sale or Lease; Petition - In addition to the proceedings authorized by the first section...

§36-2-13. Remedies Herein Provided Cumulative - This article and the rights and remedies herein provided for...

Article 3. Form and Effect of Deeds and Contracts

§36-3-1. Seal Not Necessary in Conveyances of Land - The affixing of a seal, or any symbol or word...

§36-3-2. Covenant on Unsealed Conveyances or Contracts - An action of covenant may be maintained on any written...

§36-3-3. Other Effects of Seal - The affixing of a seal, or any symbol or word...

§36-3-4. Distinctions Between Various Kinds of Deeds Abolished - All distinctions in legal effect between deeds of grant, deeds...

§36-3-5. Form of Deed - A deed may be made in the following form, or...

§36-3-5a. Easement and Right-of-Way; Description of Property; Exception for Certain Public Utility Facilities and Mineral Leases - (a) Any deed or instrument that initially grants or reserves...

§36-3-6. Necessity of Consideration in Deed of Real Property - If a deed of real property is in other respects...

§36-3-7. Effect of Words of Release in a Deed - Whenever, in any deed, there shall be used the words...

§36-3-8. Form of Lease - A deed of lease may be made in the following...

§36-3-9. Form of Deed by Sheriff or Special Commissioner - The deed of a sheriff or special commissioner for real...

§36-3-10. Deeds to Include Buildings, Privileges and Appurtenances - Every deed conveying land shall, unless an exception be made...

§36-3-11. Correcting Errors in Deeds, Deeds of Trust, and Mortgages; Corrective Affidavit - (a) Definitions. As used in this section, unless the context...

Article 4. Covenants

§36-4-1. Effect of Covenant in a Deed - When the words "the said ............... covenants," are used in...

§36-4-2. General Warranty - A covenant by a grantor in a deed, "that he...

§36-4-3. Special Warranty - A covenant by a grantor in a deed "that he...

§36-4-4. Right to Convey - A covenant by a grantor in a deed for land,...

§36-4-5. Quiet Possession - A covenant by a grantor in a deed "that the...

§36-4-6. Freedom From Encumbrances - A covenant, by any grantor in a deed, containing the...

§36-4-7. Special Covenant Against Encumbrances - A covenant by a grantor in a deed, "that he...

§36-4-8. Further Assurances - A covenant by a grantor in a deed for land...

§36-4-9. Covenant to Pay Rents - In a lease, a covenant by the lessee "to pay...

§36-4-9a. Cancellation of Oil or Gas Leases for Nonpayment of Delay Rental; Prohibition Against Maintaining Actions or Proceedings in State Courts for Enforcement of Certain Oil or Gas Leases; Rebuttable Presumption of Intention to Abandon Well and W... - Except in the case where operations for the drilling of...

§36-4-9b. Release of Terminated, Expired or Canceled Oil or Natural Gas Leases - (a) Unless a different time is required by the lease,...

§36-4-10. Covenant to Pay Taxes - A covenant by the lessee in a lease "to pay...

§36-4-11. Covenant Against Assignment - In a lease, a covenant by the lessee "that he...

§36-4-12. Covenant for Repairs - In a lease, a covenant by the lessee "that he...

§36-4-13. Effect of Destruction of Buildings - No covenant or promise by a lessee that he will...

§36-4-14. Covenant for Quiet Enjoyment - A covenant by a lessor, "for the lessee's quiet enjoyment...

§36-4-15. Covenant for Reentry for Default of Lessee - If in a lease it be provided that "the lessor...

§36-4-16. Covenants Shall Run With Land - Each of the covenants hereinbefore mentioned in this article, as...

§36-4-17. Construction of Covenants - The legal scope and effect of the covenants mentioned in...

§36-4-18. Recorded Disclaimer of Unlawful Restrictions - The clerk of the county commission shall execute, record and...

§36-4-19. Solar Energy Covenants Unenforceable; Penalty - (a) It is the policy of the state to promote...

Article 5. Release or Disclaimer of Powers of Appointment

§36-5-1. Release or Disclaimer of General Power of Appointment - Any general power, whether exercisable by will, by deed, by...

§36-5-2. Method of Effecting Release or Disclaimer of Power of Appointment - Any release or disclaimer mentioned in section one of this...

§36-5-3. Release or Disclaimer of Other Than General Power of Appointment - Any other power than a general one, whether exercisable by...

§36-5-4. Validity of Release or Disclaimer of Power of Appointment Heretofore Made - Any release or disclaimer of a general or other releasable...

§36-5-5. Other Methods of Release or Disclaimer of Power of Appointment Not Affected - Nothing in this article contained shall affect the validity of...

Article 6. Uniform Principal and Income Act

§36-6-1. To 36-6-17 - Repealed. Acts, 2000 Reg. Sess., Ch. 273.

Article 7. Uniform Transfers to Minors Act

§36-7-1. Definitions - In this article: (1) "Adult" means an individual who has...

§36-7-2. Scope and Jurisdiction - (a) This article applies to a transfer that refers to...

§36-7-3. Nomination of Custodian - (a) A person having the right to designate the recipient...

§36-7-4. Transfer by Gift or Exercise of Power of Appointment - A person may make a transfer by irrevocable gift to,...

§36-7-5. Transfer Authorized by Will or Trust - (a) A personal representative or trustee may make an irrevocable...

§36-7-6. Other Transfer by Fiduciary - (a) Subject to subsection (c), a personal representative or trustee...

§36-7-7. Transfer by Obligor - (a) Subject to subsections (b) and (c) of this section,...

§36-7-8. Receipt for Custodial Property - A written acknowledgment of delivery by a custodian constitutes a...

§36-7-9. Manner of Creating Custodial Property and Effecting Transfer; Designation of Initial Custodian; Control - (a) Custodial property is created and a transfer is made...

§36-7-10. Single Custodianship - A transfer may be made only for one minor, and...

§36-7-11. Validity and Effect of Transfer - (a) The validity of a transfer made in a manner...

§36-7-12. Care of Custodial Property - (a) A custodian shall: (1) Take control of custodial property;...

§36-7-13. Powers of Custodian - (a) A custodian, acting in a custodial capacity, has all...

§36-7-14. Use of Custodial Property - (a) A custodian may deliver or pay to the minor...

§36-7-15. Custodian's Expenses, Compensation, and Bond - (a) A custodian is entitled to reimbursement from custodial property...

§36-7-16. Exemption of Third Person From Liability - A third person in good faith and without court order...

§36-7-17. Liability to Third Persons - (a) A claim based on (i) a contract entered into...

§36-7-18. Renunciation, Resignation, Death, or Removal of Custodian; Designation of Successor Custodian - (a) A person nominated under section three of this article...

§36-7-19. Accounting by and Determination of Liability of Custodian - (a) A minor who has attained the age of fourteen...

§36-7-20. Termination of Custodianship - The custodian shall transfer in an appropriate manner the custodial...

§36-7-21. Applicability - This article applies to a transfer within the scope of...

§36-7-22. Effect on Existing Custodianships - (a) Any transfer of custodial property as now defined in...

§36-7-23. Uniformity of Application and Construction - This article shall be applied and construed to effectuate its...

§36-7-24. Short Title - This article may be cited as the "West Virginia Uniform...

Article 8. Uniform Unclaimed Property Act

§36-8-1. Definitions - As used in this article: "Administrator" means the State Treasurer....

§36-8-2. Presumptions of Abandonment - (a) Property is presumed abandoned if it is unclaimed by...

§36-8-2a. Escheat of United States Savings Bonds - (a) Notwithstanding any other section of this article or any...

§36-8-3. Contents of Safe Deposit Box or Other Safekeeping Depository - Tangible personal property held in a safe deposit box or...

§36-8-4. Rules for Taking Custody - Except as otherwise provided in this article or by other...

§36-8-5. Dormancy Charge - A holder may deduct from property presumed abandoned a charge...

§36-8-6. Burden of Proof as to Property Evidenced by Record of Check or Draft - A record of the issuance of a check, draft or...

§36-8-7. Report of Abandoned Property - (a) A holder of property presumed abandoned shall make a...

§36-8-8. Payment or Delivery of Abandoned Property - (a) Except for property held in a safe deposit box...

§36-8-9. Notice and Publication of Lists of Abandoned Property - (a) Publication of bulletin. (1) The administrator shall publish a...

§36-8-10. Custody by State; Recovery by Holder; Defense of Holder - (a) In this section, payment or delivery is made in...

§36-8-11. Crediting of Dividends, Interest and Increments to Owner's Account - (a) If property other than money is delivered to the...

§36-8-12. Public Sale of Abandoned Property - (a) Except as otherwise provided in this section, the administrator,...

§36-8-13. Deposit of Funds - (a) The administrator shall record the name and last known...

§36-8-14. Claim of Another State to Recover Property - (a) After property has been paid or delivered to the...

§36-8-15. Filing Claim With Administrator; Handling of Claims by Administrator - (a) A person, excluding another state, claiming property paid or...

§36-8-16. Action to Establish Claim - A person aggrieved by a decision of the administrator or...

§36-8-17. Election to Take Payment or Delivery - (a) The administrator may decline to receive property reported under...

§36-8-18. Destruction or Disposition of Property Having No - substantial commercial value; immunity from liability. If the administrator determines...

§36-8-19. Periods of Limitation - (a) The expiration, before or after the effective date of...

§36-8-20. Requests for Reports and Examination of Records - (a) The administrator, or the administrator's designated agent, may require...

§36-8-21. Retention of Records - (a) Except as otherwise provided in subsection (b) of this...

§36-8-22. Enforcement - The administrator may maintain an action in this or another...

§36-8-23. Interstate Agreements and Cooperation; Joint and Reciprocal Actions With Other States - (a) The administrator may enter into an agreement with another...

§36-8-24. Interest and Penalties - (a) A holder who fails to report, pay or deliver...

§36-8-25. Records of Abandoned Property - Records of abandoned property kept by the administrator are available...

§36-8-26. Foreign Transactions - This article does not apply to property held, due and...

§36-8-27. Transitional Provisions - (a) An initial report filed under this article for property...

§36-8-28. Rules - On or before July 1, 1997, the administrator shall promulgate...

§36-8-29. Uniformity of Application and Construction - This article shall be applied and construed to effectuate its...

§36-8-30. Short Title - This article may be cited as the "Uniform Unclaimed Property...

§36-8-31. Severability Clause - If any provision of this article or the application thereof...

§36-8-32. Effective Date - This article shall take effect on July 1, 1997.

§36-8-33. Report by Administrator - (a) Not later than six months after the end of...

Article 8A. Unclaimed Stolen Property Held by Law-Enforcement Agencies

§36-8A-1. Definitions - For purposes of this article, unless a different meaning clearly...

§36-8A-2. Unclaimed Stolen Property Reports - (a) On or before September 1, of each year, each...

§36-8A-3. Treasurer's Response to Unclaimed Stolen Property Report - Within thirty days of the receipt of an unclaimed stolen...

§36-8A-4. Disposition of Unclaimed Stolen Property Other Than Firearms and Ammunition - (a) Within ninety days of receipt of the treasurer's response...

§36-8A-5. Regarding the Disposition of Firearms in State Custody - (a) Except as provided in section three of this article,...

§36-8A-6. Deposit of Funds - (a) The treasurer shall promptly deposit in the General Revenue...

§36-8A-7. Immunity of Law-Enforcement Agencies - If a law-enforcement agency delivers, sells or donates any item...

Article 9. West Virginia Real Estate Time-Sharing Act

§36-9-1. Short Title - This article shall be known and may be cited as...

§36-9-2. Purposes - The purposes of this article are to: (a) Give statutory...

§36-9-3. Scope - (a) This article applies only to time-sharing plans consisting of...

§36-9-4. Definitions - As used in this article: (a) "Accommodations" means any apartment,...

§36-9-5. Contracts for Purchase of Time-Share Periods - No seller of a time-sharing plan shall fail to utilize,...

§36-9-6. Public Offering Statement - Each developer shall file with the division a complete copy...

§36-9-7. Escrow Accounts; Surety Bonds; Nondisturbance Instruments - (a) It is a violation of this article for a...

§36-9-8. Reservation Agreements; Escrows - (a) (1) Prior to filing the public offering statement with...

§36-9-9. Cancellation - No seller shall: (a) Fail to honor the request of...

§36-9-10. Advertising Materials - (a) All advertising materials shall be filed with the division...

§36-9-11. Recordkeeping by Seller - Each seller of a time-sharing plan shall maintain among its...

§36-9-12. Management - (a) Before the first sale of a time-share period, the...

§36-9-13. Discharge of Managing Entity - (a) If a fee simple interest in real property is...

§36-9-14. Assessment of Common Expenses - (a) Until a managing entity is created or provided, the...

§36-9-15. Liens for Overdue Assessments; Mechanic’s Liens, Insurance - (a) The managing entity has a lien on a timeshare...

§36-9-15a. Trustee’s Sale of Timeshare Estates - (a) A managing entity that desires to use a trustee...

§36-9-16. Transfer of Seller's Interest to Third Party - No seller shall sell, lease, assign, mortgage or otherwise transfer...

§36-9-17. Exchange Programs - (a) If a purchaser is offered the opportunity to subscribe...

§36-9-18. License Required to Sell - Any seller of a time-sharing plan shall be a licensed...

§36-9-19. Purchaser's Remedies - An action for damages or injunctive or declaratory relief for...

§36-9-20. Partition - No action for partition of any time-share unit shall lie,...

§36-9-21. Securities - Time-sharing plans are not securities under the provisions of this...

§36-9-22. Zoning and Building - All laws, ordinances and regulations concerning buildings or zoning shall...

§36-9-23. Regulation by Division - The division of land sales and condominiums is hereby created...

§36-9-24. Annual Fee for Each Time-Share Period in Plan - On or before July 1, of each year, each managing...

§36-9-25. West Virginia Real Estate Time-Sharing Trust Fund - There is created within the State Treasury the West Virginia...

§36-9-26. Taxation - For purposes of local real property taxation, each time-sharing unit,...

Article 10. Uniform Transfer on Death Security Registration Act

§36-10-1. Definitions - In this article, unless the context otherwise requires: (1) "Beneficiary...

§36-10-2. Registration in Beneficiary Form; Sole or Joint Tenancy Ownership - Only individuals whose registration of a security shows sole ownership...

§36-10-3. Registration in Beneficiary Form; Applicable Law - A security may be registered in beneficiary form if the...

§36-10-4. Origination of Registration in Beneficiary Form - A security, whether evidenced by certificate or account, is registered...

§36-10-5. Form of Registration in Beneficiary Form - Registration in beneficiary form may be shown by the words...

§36-10-6. Effect of Registration in Beneficiary Form - The designation of a TOD beneficiary on a registration in...

§36-10-7. Ownership of Death of Owner - On death of a sole owner or the last to...

§36-10-8. Protection of Registering Entity - (a) A registering entity is not required to offer or...

§36-10-9. Nontestamentary Transfer on Death - (a) A transfer on death resulting from a registration in...

§36-10-10. Terms, Conditions and Forms for Registration - (a) A registering entity offering to accept registrations in beneficiary...

§36-10-11. Short Title; Rules of Construction - (a) This article shall be known as and may be...

§36-10-12. Application of Article - This article applies to registrations of securities in beneficiary form...

Article 11. Uniform Unincorporated Nonprofit Association Act

§36-11-1. Definitions - In this article: (1) "Member" means a person who, under...

§36-11-2. Supplementary General Principles of Law and Equity - Principles of law and equity supplement this article unless displaced...

§36-11-3. Territorial Application - Real and personal property in this state may be acquired,...

§36-11-4. Real and Personal Property; Nonprofit Association as Legatee, Devisee or Beneficiary - (a) A nonprofit association in its name may acquire, hold,...

§36-11-5. Statement of Authority as to Real Property - (a) A nonprofit association may execute and record a statement...

§36-11-6. Liability in Tort and Contract - (a) A nonprofit association is a legal entity separate from...

§36-11-7. Capacity to Assert and Defend; Standing - (a) A nonprofit association, in its name, may institute, defend,...

§36-11-8. Effect of Judgment or Order - A judgment or order against a nonprofit association is not...

§36-11-9. Disposition of Personal Property of Inactive Nonprofit Association - If a nonprofit association has been inactive for three years...

§36-11-10. Appointment of Agent to Receive Service of Process - (a) A nonprofit association shall file in the office of...

§36-11-11. Claim Not Abated by Change of Members or Officers - A claim for relief against a nonprofit association does not...

§36-11-12. Venue - For purposes of venue, a nonprofit association is a resident...

§36-11-13. Summons and Complaint; Service on Whom - In an action or proceeding against a nonprofit association a...

§36-11-14. Uniformity of Application and Construction - This article shall be applied and construed to effectuate its...

§36-11-15. Short Title - This article may be cited as the Uniform Unincorporated Nonprofit...

§36-11-16. Transition Concerning Real and Personal Property - (a) If, before the effective date of this article, an...

§36-11-17. Savings Clause - This article does not affect an action or proceeding commenced...

Article 12. Uniform Real Property Transfer on Death Act

§36-12-1. Short Title - This article may be cited as the Uniform Real Property...

§36-12-2. Definitions - In this article: (1) "Beneficiary" means a person who receives...

§36-12-3. Applicability - This article applies to a transfer on death deed made...

§36-12-4. Nonexclusivity - This article does not affect any method of transferring property...

§36-12-5. Transfer on Death Deed Authorized - An individual may transfer property to one or more beneficiaries...

§36-12-6. Transfer on Death Deed Revocable - A transfer on death deed is revocable even if the...

§36-12-7. Transfer on Death Deed Nontestamentary - A transfer on death deed is nontestamentary.

§36-12-8. Capacity of Transferor - The capacity required to make or revoke a transfer on...

§36-12-9. Requirements - A transfer on death deed: (1) Except as otherwise provided...

§36-12-10. Notice, Delivery, Acceptance and Consideration Not Required - A transfer on death deed is effective without: (1) Notice...

§36-12-11. Revocation by Instrument Authorized; Revocation by Act Not Permitted - (a) Subject to subsection (b) of this section, an instrument...

§36-12-12. Effect of Transfer on Death Deed During Transferor's Life - During a transferor's life, a transfer on death deed does...

§36-12-13. Effect of Transfer on Death Deed at Transferor's Death - (a) Except as otherwise provided in the transfer on death...

§36-12-14. Disclaimer - A beneficiary may disclaim all or part of the beneficiary's...

§36-12-15. Prior Transfer on Death Liberally Construed - (a) Any transfer on death deed properly recorded in an...

§36-12-16. Uniformity of Application and Construction - In applying and construing this uniform act, consideration must be...

§36-12-17. Relation to Electronic Signatures in Global and National Commerce Act - This article modifies, limits and supersedes the federal Electronic Signatures...

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West Virginia Code Chapter 36. Estates and Property

West Virginia Code
Chapter 36. Estates and Property