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Article 1. Lands of Infants, Insane Persons, or Convicts, and Lands Held in Trust
§37-1-1. Renewal of Lease by or to Persons Under Disability - Where an infant, insane person, or convict is entitled to...
§37-1-2. Sale, Lease or Mortgage; Bill; Parties; Definition - If the guardian of any minor, or the committee of...
§37-1-3. Guardian Ad Litem - A guardian ad litem shall be appointed for minors under...
§37-1-4. Depositions - No deposition shall be read in the suit against any...
§37-1-5. Decree - If it be clearly shown, independently of any admissions in...
§37-1-6. Who Not to Be Purchaser - At such sale the guardian, or guardian ad litem, or...
§37-1-7. Investment of Proceeds - The proceeds of sale shall be invested under the direction...
§37-1-8. Joinder of Spouse, or Sale Free of Dower - When a decree or order is made under this article,...
§37-1-9. Release of Dower Under Order of Court; Conveyance Without Joinder of Spouse - If the spouse of an infant or insane or convict...
§37-1-10. Proceeds of Sale to Descend as Lands - What may be received under this article for the real...
§37-1-11. Summary Proceedings for Sale, Lease or Mortgage; Petition; Notice - In addition to the proceedings authorized by section two of...
§37-1-11a. Jurisdiction of Court in Proceedings Under Article; Process; Investment Not Required if Funds Unavailable - In any suit or proceeding under this article the court...
§37-1-12. Guardian Ad Litem in Summary Proceeding - For every such minor or insane person or convict the...
§37-1-13. Order; Sale - If it be clearly shown by the petition, exhibits, and...
§37-1-14. Bond for Proceeds - In case such sale or lease be made, the guardian...
§37-1-15. Application of Proceeds; Costs - The provisions of section seven of this article shall govern...
§37-1-16. Confirmation; Conveyance - Whenever a sale, lease, mortgage or trust deed is ordered...
§37-1-17. Validation of Certain Sales - No sale of the real estate of an infant, convict,...
Article 2. Escheats
§37-2-2. Escheat of Equitable Interests - An estate vested in a person merely by way of...
§37-2-3. Tenants of Escheated Land - If any person holds any escheated land or personal property...
§37-2-4. Escheator - The assessor of each county shall by virtue of his...
§37-2-5. List of Land by Escheator - Each escheator shall annually, in September, prepare a list of...
Article 2A. Public Land Corporation of West Virginia
§37-2A-1. To 37-2a-9 - Repealed. Acts, 1961 Reg. Sess., Ch. 133.
Article 2B. Redemption Of, and Clarification of Title To, Real Property Formerly Held for Religious, Charitable and Educational Purposes and Improperly Exempted From Taxes
§37-2B-1. Compromise of State's Claims - The Auditor, in his capacity as commissioner of forfeited and...
§37-2B-2. Auditor's Receipt for Redemption; Receipt as Release and Discharge From Taxes; Recordation - The Auditor shall issue his receipt for redemptions made under...
§37-2B-3. Entry and Back-Taxing of Property After Redemption - In every case where the Auditor provides for redemption under...
§37-2B-4. Entry of Property Acquired After Year 1942 - In every case where real property was acquired for and...
§37-2B-5. Reports to Auditor by Assessor; When Assessor to Reenter Property - The Auditor is empowered to direct the assessor of each...
§37-2B-6. Protection of Purchasers of Exempted Property Who Have Held for Five Years or More; Right of Redemption - In all cases where property formerly held for religious, charitable...
§37-2B-7. Protection of Constitutional Transferees; Priority of Redemption - The provisions of this article shall not extend to or...
§37-2B-8. Purpose of Article; Power and Jurisdiction of Courts; State as Party to Suits - This article is to provide for clarification of land titles...
§37-2B-9. Auditor's Power to Provide for Redemption of Such Property as Not Covered by Other Statutes - The Auditor shall have full power and authority to provide...
Article 3. Sale of Land for Benefit of School Fund
§37-3-1. To 37-3-39 - Repealed. Acts, 1941 Reg. Sess., Ch. 117.
Article 4. Partition
§37-4-1. Who Entitled to Partition; Jurisdiction; State as Party Plaintiff - Tenants in common, joint tenants and coparceners of real property,...
§37-4-2. Allotting Shares Together - Any two or more of the parties, if they so...
§37-4-3. Allotment or Sale; Procedure for Allotment - When partition cannot be conveniently made, the entire subject may...
§37-4-4. Determination of Liens - When there are liens by judgment or otherwise, on the...
§37-4-5. Sale of Land Free of Dower - The provisions of section five, article one, chapter forty- three...
§37-4-6. Unknown Owners - If the name or share of any person interested in...
§37-4-7. Lessees - Any person who, before the partition or sale, was lessee...
§37-4-8. Record; Effect - The provisions of section seven, article four, chapter fifty-one of...
§37-4-9. Disposition of Funds Due to Unknown or Unlocatable Interest Owners; Rulemaking - Notwithstanding the requirements of 36-8-1 et seq. of this code,...
Article 5. Adjoining Owners
§37-5-1. Excavations Near Boundaries - No owner or tenant of any land containing coal shall...
§37-5-2. Survey of Mine - The owner, tenant, or occupant of any land on which...
§37-5-3. Prosecution Under Preceding Sections - A justice of the county in which such mine is,...
Article 6. Landlord and Tenant
§37-6-1. Rights of Parties on Transfer of Land or Reversion - An heir, devisee, grantee or assignee of any land let...
§37-6-2. Rights of Lessee Against Transferee of Reversion - A lessee, his personal representatives, devisees or assigns, may have...
§37-6-3. Effect of Transfer of Rent, Reversion or Remainder - When rents are inherited, conveyed or devised, all rights of...
§37-6-4. Attornment to Stranger Void - The attornment of a tenant to any stranger shall be...
§37-6-5. Notice to Terminate Tenancy - A tenancy from year to year may be terminated by...
§37-6-6. Desertion of Leased Property; Entry; Recovery of Rent, Disposition of Abandoned Personal Property; Notice - (a) If any tenant from whom rent is in arrears...
§37-6-7. Reletting by Landlord - The landlord, or other person entitled to the rent may,...
§37-6-8. Tenant's Right to Recover Possession - If the landlord shall have elected to continue to hold...
§37-6-9. Recovery of Rent by Distress or Action; Evidence; Interest - Rent of every kind may be recovered by distress or...
§37-6-10. Who May Recover Rent - He to whom rent or compensation is due, whether he...
§37-6-11. Persons Liable for Rent; Termination of Lease Upon Death - (a) Rent may be recovered from the lessee, or other...
§37-6-12. Distress for Rent; Time and Place; Warrant - Rent may be distrained for within one year after the...
§37-6-13. Property Subject to Distress - The distress may be levied on any goods of the...
§37-6-14. Forcible Entry by Officer - The officer having such distress warrant or an order of...
§37-6-15. Unlawful Act After Making Distress; Damages - Where distress shall be made for rent justly due, and...
§37-6-16. Distress or Attachment When Rent Not Payable in Money - Where goods are distrained or attached for rent reserved in...
§37-6-17. Attachment for Rent - On complaint by any landlord or person entitled to rent,...
§37-6-18. Removal of Goods by Third Party Having Lien - If, after the commencement of any tenancy, a lien be...
§37-6-19. Right of Reentry; Ejectment; Unlawful Detainer; Judgment by Default - Any person who shall have the right of reentry into...
§37-6-20. Relief Against Forfeiture - Should the defendant, or other person for him not pay...
§37-6-21. Rights of Mortgagee or Trustee - Any mortgagee or trustee of the tenant's interest in such...
§37-6-22. Injunction Against Ejectment or Unlawful Detainer - If the tenant of such lands, or any person having...
§37-6-23. Effect of Payment of Rent or Relief in Equity - If any party having a right or claim to such...
§37-6-24. Record of Reentry; Publication of Certificate - Where actual reentry shall be made, the party, by or...
§37-6-25. Fees of Clerk - The clerk shall be paid for recording, granting certificate, and...
§37-6-26. Payment of Rent and Reinstatement After Reentry - Should the person entitled to such land at the time...
§37-6-27. Defects in Entry Proceedings - No person who, or those under whom he claims, shall...
§37-6-28. Destruction of Buildings; Abatement of Rent - Where buildings or other structures upon leased premises, not owned...
§37-6-29. Land Taken by Eminent Domain; Termination or Reduction of Rent - Whenever the whole of any tract of land which is...
§37-6-30. Landlord to Deliver Premises; Duty to Maintain Premises in Fit and Habitable Condition - With respect to residential property: (a) A landlord shall: (1)...
Article 6A. Residential Rental Security Deposits
§37-6A-1. Definitions - When used in this article, unless expressly stated otherwise: (1)...
§37-6A-2. Security Deposits - (a) Upon termination of the tenancy and within the applicable...
§37-6A-3. Maintenance of Records by Landlord - The landlord shall: (1) Maintain and itemize records for each...
§37-6A-4. Prohibited Provision in Rental Agreements - A rental agreement may not contain a provision that the...
§37-6A-5. Landlord's Noncompliance - (a) If a landlord fails to comply with any of...
§37-6A-6. Application and Effective Date of This Article - (a) The provisions of this article shall apply to all...
Article 7. Waste
§37-7-1. Waste by Tenant in Possession - If any tenant of land or any person who has...
§37-7-2. Waste by Cotenant - If a tenant in common, joint tenant, or parcener commits...
§37-7-3. Guardians - If a guardian or committee commit waste of the estate...
§37-7-4. Actions; Damages - Any person entitled to damages, in any case arising under...
§37-7-5. Waste Pending Suit - If the tenant in possession of any land shall, pending...
Article 8. Emblements
§37-8-1. Lessee of Tenant or Owner of an Uncertain Interest - If the landlord of land which is let to another...
§37-8-2. Land Employed in Farming or Planting - If any person, having land employed in farming or planting,...
§37-8-3. At Common Law - In all other cases the right to emblements shall be...
Article 9. Apportionment of Rent
§37-9-1. Apportionment of Rent on Determination of Estate - On the determination by death or otherwise, of the estate...
§37-9-2. Remedies for Recovery - For recovering such proportion, such person, representative, or assignee, shall,...
§37-9-3. Scope of Article - This article shall not apply to any case in which...
§37-9-4. Apportionment on Purchase of Rent or Part of Land - Where the holder of a rent shall purchase part of...
Article 10. Land Records Procured From Virginia
§37-10-1. Custody of Records Procured From Virginia - That the records, books documents and papers, relating to land...
§37-10-2. Charge of Such Records by Auditor - All such books, records, documents and papers relating to land...
§37-10-3. Copies From Records as Evidence; Fees - All copies in whole or in part of books, records,...
§37-10-4. Fees - The provisions contained in sections seven and eight, article one,...
Article 11. Curative Provisions Respecting Deeds and Other Writings and the Recordation Thereof
§37-11-1. Informality in Deeds and Other Instruments - Any instrument, executed before this code takes effect, shall be...
§37-11-2. Validation of Instruments, Acknowledgments and Records - (a) No deed or other writing conveying or purporting to...
§37-11-3. Validation of Acknowledgments Defective in Other Respects - Where the acknowledgment of any deed or other writing, or...
§37-11-4. Validation of Records Failing to Comply With §9, Chapter 73, Code 1868 - All deeds and other writings admitted to record under chapter...
§37-11-5. Presumption of Jurisdiction in Cases of Judicial Sales - When any land or any interest in land in this...
§37-11-6. Presumption of Authority of Commissioners and Certain Other Officers in Certain Cases - When any deed has heretofore been made prior to the...
Article 12. Surveyors
§37-12-1. Survey by Magnetic Meridian; Variations; Measurement - When any surveyor is required to survey lands which have...
§37-12-2. Execution of Orders of Survey - Every surveyor shall promptly and faithfully execute any order of...
Article 13. Removal, Transfer and Disposition of Remains in Graves Located Upon Privately Owned Lands
§37-13-1. Jurisdiction to Permit and Order Removal, etc. - The circuit court of any county shall have jurisdiction and...
§37-13-1a. Improvement, Construction or Development Upon Privately Owned Lands Containing Graves - §37-13-1a. Improvement, construction or development upon privately owned lands containing...
§37-13-2. Action; Contents of Petition - Any owner of private lands, may, as plaintiff, institute an...
§37-13-3. Parties; Notice - All owners, lessees and other persons having an interest in...
§37-13-4. Hearing; Discretion in Granting or Refusing Relief; Order - No sooner than three weeks from the filing of such...
§37-13-5. Procedure Upon Removal - Such order permitting removal, transfer and disposition of remains in...
§37-13-6. Costs - In the event that the plaintiff or plaintiffs shall be...
§37-13-7. Remedy Herein Provided Cumulative - This article and the rights and remedies herein provided for...
Article 13A. Graves Located Upon Privately Owned Lands
§37-13A-1. Access of Certain Persons to Cemeteries and Graves Located on Private Land - (a) Any authorized person who wishes to visit a cemetery...
§37-13A-2. Definitions - In this article: (1) "Authorized person" means: (A) A family...
§37-13A-3. Conduct of Persons Accessing Cemeteries or Grave Sites; Persons Liable for Damage - All persons exercising access to a grave site or cemetery...
§37-13A-4. Limiting the Use of Motor Vehicles on Private Lands - The access to a cemetery or grave site on private...
§37-13A-5. Cause of Action for Injunctive Relief - (a) An authorized person denied reasonable access under the provisions...
§37-13A-6. Application of Article - The provisions of this article shall not apply to any...
§37-13A-7. Existence of Cemetery or Grave Site, Notification - If a governmental subdivision is notified of the existence of...
Article 14. The Real Estate Appraiser Licensing and Certification Act
§37-14-1. To 37-14-45 - Repealed. Acts, 2001 Reg. Sess., Ch. 237.
Article 15. House Trailers, Mobile Homes, Manufactured Homes and Modular Homes
§37-15-1. Purpose and Applicability - The purpose of this article is to recognize the distinction...
§37-15-2. Definitions - For the purposes of this article, unless expressly stated otherwise:...
§37-15-3. Written Agreement Required - (a) The rental and occupancy of a factory-built home site...
§37-15-3a. Rules and Regulations - (a) An owner, from time to time, may adopt rules...
§37-15-4. Liability of Secured Party Taking Possession of an Abandoned Factory-Built Home - (a) A secured party is not liable for rent to...
§37-15-5. Demands and Charges Prohibited; Access by Tenant's Invitee; Purchases by Factory-Built Home Owner Not Restricted; Exception; Conditions of Occupancy - (a) A landlord may not demand or collect: (1) Any...
§37-15-6. Termination of Tenancy - (a) The tenancy for a factory-built home site upon which...
§37-15-6a. Termination of Tenancy of More Than Twenty-Five Tenants - (a) A landlord of a factory-built home rental community may...
§37-15-7. Retaliatory Conduct Prohibited - (a) Except as provided in this section, or as otherwise...
§37-15-8. Effect on Taxation - Nothing in this article shall be construed to affect the...