West Virginia Legislature
Code of West Virginia, 1931
Official Recodification - Enacted December 31, 1930 - Effective January 1, 1931
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6,321 of 6,321 sections
Showing 3,651–3,700 of 6,321 sections
Code Chapter Article Section Heading Section Text Preview Status
37-5-3 Ch. 37 — REAL PROPERTY Adjoining Owners Prosecution Under Preceding Sections A justice of the county in which such mine is, before whom complaint of such refusal is made, may issue a summons to such owner, tenant, occupant or agent to an… Proofed
37-6-1 Ch. 37 — REAL PROPERTY Landlord and Tenant Rights of Parties on Transfer of Land or Reversion An heir, devisee, grantee or assignee of any land let to lease, or of the reversion thereof, and his heirs, personal representative or assigns, shall enjoy agai… Proofed
37-6-2 Ch. 37 — REAL PROPERTY Landlord and Tenant Rights of Lessee Against Transferee of Reversion A lessee, his personal representatives, devisees or assigns, may have against an heir, devisee, grantee or alienee of the reversion, or of any part thereof, or … Proofed
37-6-3 Ch. 37 — REAL PROPERTY Landlord and Tenant Effect of Transfer of Rent, Reversion or Remainder When rents are inherited, conveyed or devised, all rights of distress and reentry, or either of them, shall pass to the heir, grantee or devisee without express… Proofed
37-6-4 Ch. 37 — REAL PROPERTY Landlord and Tenant Attornment to Stranger Void The attornment of a tenant to any stranger shall be void, unless it be with the consent of the landlord of such tenant, or pursuant to, or in consequence of, th… Proofed
37-6-5 Ch. 37 — REAL PROPERTY Landlord and Tenant Notice to Terminate Tenancy A tenancy from year to year may be terminated by either party giving notice in writing to the other, at least three months prior to the end of any year, of his … Proofed
37-6-6 Ch. 37 — REAL PROPERTY Landlord and Tenant Desertion of Premises; Entry; Recovery of Rent If any tenant from whom rent is in arrear and unpaid shall abandon the demised premises, and leave the same uncultivated or unoccupied, without goods thereon su… Proofed
37-6-7 Ch. 37 — REAL PROPERTY Landlord and Tenant Reletting by Landlord The landlord or other person entitled to the rent may, however, at his election, incorporate, in the notice provided for in the preceding section, the further n… Proofed
37-6-8 Ch. 37 — REAL PROPERTY Landlord and Tenant Tenant’s Right to Recover Possession If the landlord shall have elected to continue to hold the tenant liable upon his lease, as provided in the preceding section, the tenant shall be entitled, upo… Proofed
37-6-9 Ch. 37 — REAL PROPERTY Landlord and Tenant Recovery of Rent by Distress or Action; Evidence; Interest Rent of every kind may be recovered by distress or action. A landlord may also, by action, recover a reasonable satisfaction for the use and occupation of lands… Proofed
37-6-10 Ch. 37 — REAL PROPERTY Landlord and Tenant Who May Recover Rent He to whom rent or compensation is due, whether he have the reversion or not, his personal representative or assignee, may recover it as provided in the precedi… Proofed
37-6-11 Ch. 37 — REAL PROPERTY Landlord and Tenant Persons Liable for Rent Rent may be recovered, from the lessee, or other person owing it, or the heir, personal representative, devisee or assignee, who has succeeded to the lessee’s e… Proofed
37-6-12 Ch. 37 — REAL PROPERTY Landlord and Tenant Distress for Rent; Time and Place; Warrant Rent may be distrained for within one year after the time it becomes due, and not afterwards, whether the lease be ended or not. The distress shall be made by a… Proofed
37-6-13 Ch. 37 — REAL PROPERTY Landlord and Tenant Property Subject to Distress The distress may be levied on any goods of the lessee, or his assignee or under tenant, found on the premises, or which may have been removed therefrom not more… Proofed
37-6-14 Ch. 37 — REAL PROPERTY Landlord and Tenant Forcible Entry by Officer The officer having such distress warrant or an order of attachment, based upon rent, if there be need for it, may, in the daytime, break open and enter into an… Proofed
37-6-15 Ch. 37 — REAL PROPERTY Landlord and Tenant Unlawful Act in Making Distress; Damages Where distress shall be made for rent justly due, and any irregularity or unlawful act shall afterwards be done by the party distraining, or his agent, the dist… Proofed
37-6-16 Ch. 37 — REAL PROPERTY Landlord and Tenant Distress or Attachment When Rent Not Payable in Money Where goods are distrained or attached for rent reserved in a share of the crops, or in anything other than money, the claimant of the rent, having given the te… Proofed
37-6-17 Ch. 37 — REAL PROPERTY Landlord and Tenant Attachment for Rent On complaint by any landlord or person entitled to rent, or his agent, to a justice, that any person liable to him for rent intends to remove, or is removing, o… Proofed
37-6-18 Ch. 37 — REAL PROPERTY Landlord and Tenant Removal of Goods by Third Party Having Lien If, after the commencement of any tenancy, a lien be obtained or created by trust deed, mortgage, or otherwise, upon the interest or property in goods on premis… Proofed
37-6-19 Ch. 37 — REAL PROPERTY Landlord and Tenant Right of Reentry; Ejectment; Unlawful Detainer; Judgment by Default Any person who shall have the right of reentry into the lands by reason of any rent issuing thereout being in arrear, or by reason of the breach of any covenant… Proofed
37-6-20 Ch. 37 — REAL PROPERTY Landlord and Tenant Relief Against Forfeiture Should the defendant, or other person for him, not pay the in rent in arrear, with interests and costs, nor file a bill in equity for relief against such forfei… Proofed
37-6-21 Ch. 37 — REAL PROPERTY Landlord and Tenant Rights of Mortgagee or Trustee Any mortgagee or trustee of the tenant’s interest in such lands, or any part thereof, whether he be in possession of the lands or not, may, within twelve months… Proofed
37-6-22 Ch. 37 — REAL PROPERTY Landlord and Tenant Injunction Against Ejectment or Unlawful Detainer If the tenant of such lands, or any person having a right or claim thereto, shall, within the time aforesaid, file his bill for relief in the circuit court of t… Proofed
37-6-23 Ch. 37 — REAL PROPERTY Landlord and Tenant Effect of Payment of Rent or Relief in Equity If any party having a right or claim to such lands shall, at any time before the trial in such action of ejectment or of unlawful detainer, pay or tender to the… Proofed
37-6-24 Ch. 37 — REAL PROPERTY Landlord and Tenant Record of Reentry; Publication of Cerificate Where actual reentry shall be made, the party, by or for whom the same shall be made, shall return a written act of reentry, sworn to by the sheriff or other of… Proofed
37-6-25 Ch. 37 — REAL PROPERTY Landlord and Tenant Fees of Clerk The clerk shall be paid for recording, granting certificate, and noting publication, as aforesaid, one dollar and fifty cents. Proofed
37-6-26 Ch. 37 — REAL PROPERTY Landlord and Tenant Payment of Rent and Reinstatement After Reentry Should the person entitled to such land at the time of reentry made, or having a claim thereto, not pay or tender the rent and all arrears thereof, with interes… Proofed
37-6-27 Ch. 37 — REAL PROPERTY Landlord and Tenant Defects in Entry Proceedings No person who, or those under whom he claims, shall have been possessed of lands by virtue of a reentry, for the term of two years, shall be disturbed therein b… Proofed
37-6-28 Ch. 37 — REAL PROPERTY Landlord and Tenant Destruction of Buildings; Abatement of Rent Where buildings or other structures upon leased premises, not owned by the tenant or removable by him, are destroyed by fire or otherwise, in whole or in part, … Proofed
37-6-29 Ch. 37 — REAL PROPERTY Landlord and Tenant Land Taken by Eminent Domain; Termination or Reduction of Rent Whenever the whole of any tract of land which is under lease is taken under the power of eminent domain, the liability of any tenant of such land to pay rent th… Proofed
37-7-1 Ch. 37 — REAL PROPERTY Waste Waste by Tenant in Possession If any tenant of land or any person who has alienated land commit any waste thereon while he remains in possession, unless by special permission of the owner so… Proofed
37-7-2 Ch. 37 — REAL PROPERTY Waste Waste by Cotenant If a tenant in common, joint tenant, or parcener commit waste, he shall be liable to his cotenants, jointly or severally, for damages. Proofed
37-7-3 Ch. 37 — REAL PROPERTY Waste Guardians If a guardian or committee commit waste of the estate of his ward, he shall be liable to the ward, at the expiration of his guardianship, for damages. Proofed
37-7-4 Ch. 37 — REAL PROPERTY Waste Actions; Damages Any person entitled to damages, in any case arising under the preceding sections of this article; may recover the same in an action on the case. And if it shall… Proofed
37-7-5 Ch. 37 — REAL PROPERTY Waste Waste Pending Suit If the tenant in possession of any land shall, pending any suit to recover or charge such land, with knowledge of such suit, commit any waste thereon, the court… Proofed
37-8-1 Ch. 37 — REAL PROPERTY Emblements Lessee of Tenant or Owner of an Uncertain Interest If the landlord of land which is let to another be tenant for life or other uncertain interest or be an owner whose estate is subject to a limitation over upon … Proofed
37-8-2 Ch. 37 — REAL PROPERTY Emblements Land Employed in Farming or Planting If any person, having land employed in farming or planting, whether it be held for life or any other interest, shall die on or after the first of March, his per… Proofed
37-8-3 Ch. 37 — REAL PROPERTY Emblements At Common Law In all other cases the right to emblements shall be as at common law. Proofed
37-9-1 Ch. 37 — REAL PROPERTY Apportionment of Rent Apportionment of Rent on Determination of Estate On the determination by death or otherwise, of the estate or other thing, from or in respect of which any rent, hire or money, coming due at fixed periods, issu… Proofed
37-9-2 Ch. 37 — REAL PROPERTY Apportionment of Rent Remedies for Recovery For recovering such proportion, such person, representative, or assignee, shall, after such fixed period, have such remedies as he would have had for recovering… Proofed
37-9-3 Ch. 37 — REAL PROPERTY Apportionment of Rent Scope of Article This article shall not apply to any case in which it is expressly provided that no apportionment shall take place. Proofed
37-9-4 Ch. 37 — REAL PROPERTY Apportionment of Rent Apportionment on Purchase of Rent or Part of Land Where the holder of a rent shall purchase part of the land out of which the same issues, the rent shall be apportioned in like manner as if the land had come to… Proofed
37-10-1 Ch. 37 — REAL PROPERTY Land Records Procured From Virginia Custody of Records Procured From Virginia That the records, books, documents and papers, relating to land titles in this State, the assessments, delinquency sales and redemptions of lands, and which hav… Proofed
37-10-2 Ch. 37 — REAL PROPERTY Land Records Procured From Virginia Charge of Such Records by Auditor All such books, records, documents and papers relating to land titles in this State, which may hereafter be procured by this State from the State of Virginia, u… Proofed
37-10-3 Ch. 37 — REAL PROPERTY Land Records Procured From Virginia Copies From Records as Evidence; Fees All copies in whole or in part of books, records, documents and papers, which have heretofore been or which shall hereafter be procured from the State of Virgin… Proofed
37-10-4 Ch. 37 — REAL PROPERTY Land Records Procured From Virginia Fees The provisions contained in sections seven and eight, article one, chapter fifty seven of this Code shall apply to a copy of or from any of the books, records, … Proofed
37-11-1 Ch. 37 — REAL PROPERTY Curative Provisions Respecting Deeds and Other Writings and the Recordation Thereof Informality in Deeds and Other Instruments Any instrument, executed before this Code takes effect, shall be as valid and effective as it would be, according to the provisions of section four, article thr… Proofed
37-11-2 Ch. 37 — REAL PROPERTY Curative Provisions Respecting Deeds and Other Writings and the Recordation Thereof Validation of Instruments, Acknowledgments and Records No deed or other writing conveying or purporting to convey or release or assign real estate, or any interest therein, or to create any power of attorney relatin… Proofed
37-11-3 Ch. 37 — REAL PROPERTY Curative Provisions Respecting Deeds and Other Writings and the Recordation Thereof Validation of Acknowledgments Defective in Other Respects Where the acknowledgment of any deed or other writing, or the privy examination of a married woman respecting the same, has been taken, either within or without… Proofed
37-11-4 Ch. 37 — REAL PROPERTY Curative Provisions Respecting Deeds and Other Writings and the Recordation Thereof Validation of Records Where Failure to Comply With §9, c. 73, Code 1868 All deeds and other writings admitted to record under chapter seventy-three of the Code of West Virginia of eighteen hundred and sixty-eight, are hereby declare… Proofed
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