2009 West Virginia Code
CHAPTER 36. ESTATES AND PROPERTY

ARTICLE 1. CREATION OF ESTATES GENERALLY. 

• §36-1-1 Creation of estates; necessity of deed or will.
• §36-1-2 Power of attorney to execute deed of land; necessity of writing.
• §36-1-3 Contracts for sale or lease of land; necessity of writing.
• §36-1-4 Creation of trusts in lands; necessity of writing.
• §36-1-4a Memorandum of trust; requirements; recordation.
• §36-1-5 Gifts of personal property.
• §36-1-6 Declarations of trust in personal property; necessity of writing.
• §36-1-7 Rights of persons not parties to instrument.
• §36-1-8 Conveyance by attorney in fact.
• §36-1-9 Conveyance of various interests and future estates in land or personal property.
• §36-1-10 Operation of conveyance in excess of actual interest.
• §36-1-11 Fee simple may be created without words of limitation.
• §36-1-12 Estates tail.
• §36-1-13 Limitations contingent upon death.
• §36-1-14 Rule in Shelley's Case abolished.
• §36-1-14a Doctrine of worthier title and rule that grantor cannot create a limitation in his own heirs or next of kin abolished.
• §36-1-15 Contingent remainder; validity; indestructibility.
• §36-1-16 Interest in property coupled with power of disposal.
• §36-1-17 Uses and trusts; passing of legal title.
• §36-1-18 Trust estates; debts of beneficiaries; spendthrift trusts; nonmerger of trusts.
• §36-1-19 Joint tenancy; tenancy by entireties; survivorship.
• §36-1-20 When survivorship preserved.
• §36-1-20a Elimination of need for straw party in creating joint tenancy with right of survivorship.
• §36-1-21 Alien may own land.
• §36-1-22 Repealed
• §36-1-23 Exemption of certain employee trusts from rule against perpetuities or restraints on alienation.
• §36-1-24 Options in leases not affected by rule against perpetuities.

ARTICLE 1A. UNIFORM STATUTORY RULE AGAINST PERPETUITIES. 

• §36-1A-1 Statutory rule against perpetuities.
• §36-1A-2 When nonvested property interest or power of appointment created.
• §36-1A-3 Reformation.
• §36-1A-4 Exclusions from statutory rule against perpetuities.
• §36-1A-5 Prospective application.
• §36-1A-6 Short title.
• §36-1A-7 Uniformity of application and construction.
• §36-1A-8 Supersession repeal.

ARTICLE 2. DISPOSITION OF ESTATES SUBJECT TO FUTURE INTERESTS. 

• §36-2-1 Sale or lease of real or personal property subject to future interests.
• §36-2-2 Persons who may file bill.
• §36-2-3 Parties to such suit.
• §36-2-4 Order of publication.
• §36-2-5 Guardian ad litem.
• §36-2-6 Contents of bill.
• §36-2-7 Evidence.
• §36-2-8 When sale or lease may be made.
• §36-2-9 Sale or lease of timber, oil, gas, coal or other minerals.
• §36-2-10 Execution of decree by commissioner.
• §36-2-11 Title of purchaser.
• §36-2-12 Disposition of proceeds.
• §36-2-12a Summary proceedings for sale or lease; petition.
• §36-2-13 Remedies herein provided cumulative.

ARTICLE 3. FORM AND EFFECT OF DEEDS AND CONTRACTS. 

• §36-3-1 Seal not necessary in conveyances of land.
• §36-3-2 Covenant on unsealed conveyances or contracts.
• §36-3-3 Other effects of seal.
• §36-3-4 Distinctions between various kinds of deeds abolished.
• §36-3-5 Form of deed.
• §36-3-5a Easement and right-of-way; description of property; exception for certain public utility facilities and mineral leases.
• §36-3-6 Necessity of consideration in deed of real property.
• §36-3-7 Effect of words of release in a deed.
• §36-3-8 Form of lease.
• §36-3-9 Form of deed by sheriff or special commissioner.
• §36-3-10 Deeds to include buildings, privileges and appurtenances.

ARTICLE 4. COVENANTS. 

• §36-4-1 Effect of covenant in a deed.
• §36-4-2 General warranty.
• §36-4-3 Special warranty.
• §36-4-4 Right to convey.
• §36-4-5 Quiet possession.
• §36-4-6 Freedom from encumbrances.
• §36-4-7 Special covenant against encumbrances.
• §36-4-8 Further assurances.
• §36-4-9 Covenant to pay rents.
• §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 well equipment.
• §36-4-10 Covenant to pay taxes.
• §36-4-11 Covenant against assignment.
• §36-4-12 Covenant for repairs.
• §36-4-13 Effect of destruction of buildings.
• §36-4-14 Covenant for quiet enjoyment.
• §36-4-15 Covenant for reentry for default of lessee.
• §36-4-16 Covenants shall run with land.
• §36-4-17 Construction of covenants.
• §36-4-18 Recorded disclaimer of unlawful restrictions.

ARTICLE 5. RELEASE OR DISCLAIMER OF POWERS OF APPOINTMENT. 

• §36-5-1 Release or disclaimer of general power of appointment.
• §36-5-2 Method of effecting release or disclaimer of power of appointment.
• §36-5-3 Release or disclaimer of other than general power of appointment.
• §36-5-4 Validity of release or disclaimer of power of appointment heretofore made.
• §36-5-5 Other methods of release or disclaimer of power of appointment not affected.

ARTICLE 6. UNIFORM PRINCIPAL AND INCOME ACT. 

• §16736-6-1to36-6-17 Repealed

ARTICLE 7. UNIFORM TRANSFERS TO MINORS ACT. 

• §36-7-1 Definitions.
• §36-7-2 Scope and jurisdiction.
• §36-7-3 Nomination of custodian.
• §36-7-4 Transfer by gift or exercise of power of appointment.
• §36-7-5 Transfer authorized by will or trust.
• §36-7-6 Other transfer by fiduciary.
• §36-7-7 Transfer by obligor.
• §36-7-8 Receipt for custodial property.
• §36-7-9 Manner of creating custodial property and effecting transfer; designation of initial custodian; control.
• §36-7-10 Single custodianship.
• §36-7-11 Validity and effect of transfer.
• §36-7-12 Care of custodial property.
• §36-7-13 Powers of custodian.
• §36-7-14 Use of custodial property.
• §36-7-15 Custodian's expenses, compensation, and bond.
• §36-7-16 Exemption of third person from liability.
• §36-7-17 Liability to third persons.
• §36-7-18 Renunciation, resignation, death, or removal of custodian; designation of successor custodian.
• §36-7-19 Accounting by and determination of liability of custodian.
• §36-7-20 Termination of custodianship.
• §36-7-21 Applicability.
• §36-7-22 Effect on existing custodianships.
• §36-7-23 Uniformity of application and construction.
• §36-7-24 Short title.

ARTICLE 8. UNIFORM UNCLAIMED PROPERTY ACT. 

• §36-8-1 Definitions.
• §36-8-2 Presumptions of abandonment.
• §36-8-3 Contents of safe deposit box or other safekeeping depository.
• §36-8-4 Rules for taking custody.
• §36-8-5 Dormancy charge.
• §36-8-6 Burden of proof as to property evidenced by record of check or draft.
• §36-8-7 Report of abandoned property.
• §36-8-8 Payment or delivery of abandoned property.
• §36-8-9 Notice and publication of lists of abandoned property.
• §36-8-10 Custody by state; recovery by holder; defense of holder.
• §36-8-11 Crediting of dividends, interest and increments to owner's account.
• §36-8-12 Public sale of abandoned property.
• §36-8-13 Deposit of funds.
• §36-8-14 Claim of another state to recover property.
• §36-8-15 Filing claim with administrator; handling of claims by administrator.
• §36-8-16 Action to establish claim.
• §36-8-18 Destruction or disposition of property having no substantial commercial value; immunity from liability.
• §36-8-19 Periods of limitation.
• §36-8-20 Requests for reports and examination of records.
• §36-8-21 Retention of records.
• §36-8-22 Enforcement.
• §36-8-23 Interstate agreements and cooperation; joint and reciprocal actions with other states.
• §36-8-24 Interest and penalties.
• §36-8-25 Records of abandoned property.
• §36-8-26 Foreign transactions.
• §36-8-27 Transitional provisions.
• §36-8-28 Rules
• §36-8-29 Uniformity of application and construction.
• §36-8-30 Short title
• §36-8-31 Severability clause.
• §36-8-32 Effective date.

ARTICLE 8A. UNCLAIMED STOLEN PROPERTY HELD BY LAW-ENFORCEMENT AGENCIES. 

• §36-8A-1 Definitions.
• §36-8A-2 Unclaimed stolen property reports.
• §36-8A-3 Treasurer's response to unclaimed stolen property report.
• §36-8A-4 Disposition of unclaimed stolen property other than firearms and ammunition.
• §36-8A-5 Trade-in or appropriation of unclaimed stolen firearms and ammunition.
• §36-8A-6 Deposit of funds.
• §36-8A-7 Immunity of law-enforcement agencies.

ARTICLE 9. WEST VIRGINIA REAL ESTATE TIME-SHARING ACT. 

• §36-9-1 Short title.
• §36-9-2 Purposes.
• §36-9-3 Scope.
• §36-9-4 Definitions.
• §36-9-5 Contracts for purchase of time-share periods.
• §36-9-6 Public offering statement.
• §36-9-7 Escrow accounts; surety bonds; nondisturbance instruments.
• §36-9-8 Reservation agreements; escrows.
• §36-9-9 Cancellation.
• §36-9-10 Advertising materials.
• §36-9-11 Recordkeeping by seller.
• §36-9-12 Management.
• §36-9-13 Discharge of managing entity.
• §36-9-14 Assessment of common expenses.
• §36-9-15 Liens for overdue assessments; mechanic's liens, insurance.
• §36-9-16 Transfer of seller's interest to third party.
• §36-9-17 Exchange programs.
• §36-9-18 License required to sell.
• §36-9-19 Purchaser's remedies.
• §36-9-20 Partition.
• §36-9-21 Securities.
• §36-9-22 Zoning and building.
• §36-9-23 Regulation by division.
• §36-9-24 Annual fee for each time-share period in plan.
• §36-9-25 West Virginia real estate time-sharing trust fund.
• §36-9-26 Taxation.

ARTICLE 10. UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT. 

• §36-10-1 Definitions.
• §36-10-2 Registration in beneficiary form; sole or joint tenancy ownership.
• §36-10-3 Registration in beneficiary form; applicable law.
• §36-10-4 Origination of registration in beneficiary form.
• §36-10-5 Form of registration in beneficiary form.
• §36-10-6 Effect of registration in beneficiary form.
• §36-10-7 Ownership of death of owner.
• §36-10-8 Protection of registering entity.
• §36-10-9 Nontestamentary transfer on death.
• §36-10-10 Terms, conditions and forms for registration.
• §36-10-11 Short title; rules of construction.
• §36-10-12 Application of article.

ARTICLE 11. UNIFORM UNINCORPORATED NONPROFIT ASSOCIATION ACT. 

• §36-11-1 Definitions.
• §36-11-2 Supplementary general principles of law and equity.
• §36-11-3 Territorial application.
• §36-11-4 Real and personal property; nonprofit association as legatee, devisee or beneficiary
• §36-11-5 Statement of authority as to real property.
• §36-11-6 Liability in tort and contract.
• §36-11-7 Capacity to assert and defend; standing.
• §36-11-8 Effect of judgment or order.
• §36-11-9 Disposition of personal property of inactive nonprofit association.
• §36-11-10 Appointment of agent to receive service of process.
• §36-11-11 Claim not abated by change of members or officers.
• §36-11-12 Venue.
• §36-11-13 Summons and complaint; service on whom.
• §36-11-14 Uniformity of application and construction.
• §36-11-15 Short title.
• §36-11-16 Transition concerning real and personal property.
• §36-11-17 Savings clause.