2009 West Virginia Code
CHAPTER 38. LIENS.
ARTICLE 16. FRAUDULENT COMMON LAW LIENS.
§38-16-202 Real property common law liens unenforceable; personal property common law liens limited.
§38-16-202. Real property common law liens unenforceable; personal
property common law liens limited.(a) A common law lien against real property is invalid and is not recognized or enforceable in this state.
(b) A common law lien claimed against personal property is invalid and is not recognized or enforceable if, at the time the lien is claimed, the claimant does not have:
(1) Actual possession, lawfully acquired, of specific personal property against which the lien is asserted; or
(2) Exclusive control, lawfully acquired, of specific personal property against which the lien is asserted.
(c) A valid common law lien claimed against personal property is destroyed or terminated if the person entitled to the lien fails to retain possession or control of the property, unless the person against whom the lien is asserted agrees, in writing, that the lien may continue after delivery of the property from the possession of the lienholder.
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