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WV Code § 37-2B-4 (2021)
2021 West Virginia Code|Chapter 37. Real Property|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-4. Entry of Property Acquired After Year 1942

In every case where real property was acquired for and transferred to or placed in religious, educational or charitable usages after the assessment year one thousand nine hundred forty- two and was improperly exempted (under the holding of Central Realty Company versus Martin, assessor), the assessor shall reenter such property and value and extend taxes thereupon for the assessment year one thousand nine hundred forty-five, without regard to the former exemption in those cases where redemption has been made from the Auditor. Taxes extended upon such assessment shall be valid and enforceable as all other taxes without regard to the former exemptions. Entry and payment of taxes hereunder shall operate to relive such property against the assertion of any forfeiture which has not become effective prior to the effective date of this article, and shall stand and at all times be construed as a valid entry of such property for taxation for the year or years involved, and payment of taxes under such assessment shall discharge and relieve such property from all claims of the state and its subdivisions for all property taxes of any such year or years.
WV Code § 37-2B-5 (2021)
2021 West Virginia Code|Chapter 37. Real Property|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-5. Reports to Auditor by Assessor; When Assessor to Reenter Property

The Auditor is empowered to direct the assessor of each county to examine the lists of tax-exempt properties appearing on the land books of his county for the assessment years one thousand nine hundred twenty-eight through one thousand nine hundred forty-five, both inclusive, and report to the Auditor a list of all real estate so exempted from taxation in any of said years which was not actually used for religious, charitable or educational purposes and which (under the opinion in Central Realty Company versus Martin, assessor) he believes should have been assessed with taxes in any of said years. No assessor shall reenter any real property, now or formerly held for religious, charitable or educational usages and upon which taxes for years prior to the year one thousand nine hundred forty-five should have been paid except upon written directions from the Auditor or by order of the judge of a court of record which has jurisdiction to deal with such property or rights therein. Such list shall show the name of the person assessed, a description of the property, and the year or years for which the same was entered on the land books as tax exempt, and the assessor shall classify and value the same. Where any list of real property is forwarded to the Auditor under this section he shall have power and authority to compromise the claim of the state or its subdivisions or agencies for taxes, to accept redemptions from forfeitures, and to do all acts and things which may be necessary to protect the interest of the state and assist the property owner in clearing his title.
WV Code § 37-2B-6 (2021)
2021 West Virginia Code|Chapter 37. Real Property|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-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 or educational usages has heretofore been sold or transferred in good faith to persons for value as successors in title of the person who held for such usage, and has been subsequently assessed to them and taxes have been paid thereon for such number of years that such persons are or would otherwise be entitled to claim the benefit of a transfer under section 3, article XIII of the Constitution, the same, by operation hereof, shall be transferred to and vested in such person, and the state hereby waives its claim to assert penalties or forfeiture on account of any taxes which would otherwise have accrued or become due prior to the creation of color of title in such successor.In all cases where property formerly held for the uses aforesaid has heretofore been sold or transferred to another in good faith and has subsequently been assessed to him and the taxes paid, for a period of time less than the period of time necessary to establish the right to claim the benefit of a transfer under said Constitutional provision or this section, the owners shall have the right to apply for and have redemption so far as title thereto may be in the state.
WV Code § 37-2B-7 (2021)
2021 West Virginia Code|Chapter 37. Real Property|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-7. Protection of Constitutional Transferees; Priority of Redemption

The provisions of this article shall not extend to or affect any real property or undivided interest therein which has been transferred to or vested in adverse claimants by operation of Constitution, article XIII, section 3, in those cases where the color of title of such claimants originated in good faith and has been regularly maintained and protected against subsequent forfeiture and loss by entry and payment of taxes according to law: Provided, however, That in any case where there has been a Constitutional transfer and the adverse claim has subsequently been acquired by the state for nonpayment or nonentry, the successor in title to the former religious, charitable or educational usage shall have a prior right of redemption.
WV Code § 37-2B-8 (2021)
2021 West Virginia Code|Chapter 37. Real Property|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-8. Purpose of Article; Power and Jurisdiction of Courts; State as Party to Suits

This article is to provide for clarification of land titles and for establishment of a sound system of property law and of taxation, and the courts of this state which have equitable jurisdiction are hereby vested with authority, power and jurisdiction to entertain, hear and decide suits on behalf of any person whose property or title may be affected by a former exemption from taxation for religious, charitable or educational purposes; and to make and render such decisions, orders and decrees as will give equitable justice to the persons involved. Whenever it appears that the state or any of its subdivisions has any interest in any of such proceedings any person or the court shall have the right to make the state, its subdivisions, or proper officials a party or parties plaintiff thereto and shall cause the Attorney General of the State of West Virginia to be notified thereof. Such courts shall have the right to try title and render decisions as may be necessary and proper, based upon the tax status of different claims without regard to proof of chain of title for a period longer than is necessary to establish a tax claim better than that of any other party. No decision, order or opinion rendered by any court under this article shall establish precedent or be regarded as stare decisis as to any other case.
WV Code § 37-2B-9 (2021)
2021 West Virginia Code|Chapter 37. Real Property|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-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 for redemption of property covered by this article, and to compromise the state's claim for unpaid taxes upon any such property which has heretofore been purchased at sales for nonpayment of taxes, or acquired by forfeiture for nonentry, to make redemptions, and to provide for reassessment and back-taxing of property redeemed on account of any taxes heretofore levied or hereafter to accrue; such redemptions and compromises to be made upon like payment and condition as provided in section one of this article for any year prior to the year one thousand nine hundred thirty-six.
WV Code § 37-3-1 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 3. Sale of Land for Benefit of School Fund|§37-3-1. To 37-3-39

Repealed.Acts, 1941 Reg. Sess., Ch. 117.
WV Code § 37-4-1 (2021)
2021 West Virginia Code|Chapter 37. Real Property|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, including minerals, lessees of mineral rights other than lessees of oil and gas minerals and stockholders of a closely held corporation when there are no more than five stockholders and the only substantial asset of the corporation is real estate, shall be compelled to make partition, and the circuit court of the county wherein the land or estate, or any part thereof, may be, has jurisdiction, in cases of partition, and in the exercise of that jurisdiction, may take cognizance of all questions of law affecting the legal title, that may arise in any proceedings.The state hereafter shall, whenever it is an owner of an undivided interest in any land or real estate, together with other persons, become a party plaintiff in any proceedings by any person entitled to demand partition under the first sentence of this section. Before instituting suit for partition the person entitled to demand it shall notify the proper official who has supervision of the state land and thereafter they shall proceed as they determine best. In all cases resulting in partition or sale the costs of suit shall come from the proceeds of sale. No state official in charge of state lands may refuse to perform his duty in any case where any person is entitled to demand a partition, or sale under this article.
WV Code § 37-4-2 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 4. Partition|§37-4-2. Allotting Shares Together

Any two or more of the parties, if they so elect, may have their shares laid off together, when partition can be conveniently made in that way.
WV Code § 37-4-4 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 4. Partition|§37-4-4. Determination of Liens

When there are liens by judgment or otherwise, on the interest of any party to a partition suit, the court may, on the petition of any person holding a lien, ascertain the liens and apply the dividend of such party in the proceeds of sale to the discharge of such liens so far as may be necessary for that purpose.
WV Code § 37-4-5 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 4. Partition|§37-4-5. Sale of Land Free of Dower

The provisions of section five, article one, chapter forty- three of this code shall be applicable to any sale made under the provisions of this article.
WV Code § 37-4-6 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 4. Partition|§37-4-6. Unknown Owners

If the name or share of any person interested in the subject of the partition be unknown, so much as is known in relation thereto shall be stated in the bill.
WV Code § 37-4-7 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 4. Partition|§37-4-7. Lessees

Any person who, before the partition or sale, was lessee of any of the lands divided or sold, shall hold the same of him to whom such land is allotted or sold, on the same terms on which, by his lease, he held it before the partition.
WV Code § 37-4-8 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 4. Partition|§37-4-8. Record; Effect

The provisions of section seven, article four, chapter fifty-one of this code shall be applicable to any partition made under this article.
WV Code § 37-4-9 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 4. Partition|§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, all funds and proceeds due under this article before or after the effective date of this section to owners of real property interests with their appurtenant rights, whose name or location is unknown and who does not make a claim for those funds for seven years after the date of the order of the court authorizing the distribution of the funds, shall be paid to the Oil and Gas Reclamation Fund established pursuant to 22-6-29 of this code. The funds shall be paid by the special or general receiver or other person or entity holding the funds on or before November 1 of each year for all funds that became payable before July 1 of that year. The Department of Environmental Protection may propose rules for legislative approval in accordance with 29A-3-1 et seq. of this code to carry out the provisions of this section.
WV Code § 37-5-1 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 5. Adjoining Owners|§37-5-1. Excavations Near Boundaries

No owner or tenant of any land containing coal shall open or sink, or dig, excavate or work in, any coal mine or shaft on such land, within five feet of the line dividing such land from that of another person or persons, without the consent in writing of every person interested in, or having title to, such adjoining lands in possession, reversion, or remainder, or of the guardian of any such persons as may be an infant, or the committee of any such person as may be insane or convict. If any person shall violate this section, he shall forfeit $500 to any person injured thereby who may sue for the same.
WV Code § 37-5-2 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 5. Adjoining Owners|§37-5-2. Survey of Mine

The owner, tenant, or occupant of any land on which a coal mine is opened and worked, or his agent, shall permit any person interested in, or having title to, any land coterminous with that in which such coal mine is, to have ingress and egress with surveyors and assistants to explore and survey such mine at his own expense, and not oftener than once a month, for the purpose of ascertaining whether or not the preceding section has been violated. Every owner, tenant, occupant, or agent, who shall refuse such permission, exploration or survey, shall forfeit $20 for each refusal to the person so refused.
WV Code § 37-5-3 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 5. Adjoining Owners|§37-5-3. 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 answer such complaint. On the return of the summons executed, and proof that the complainant has right of entry, and that he has been refused without sufficient cause, the justice shall designate an early and convenient time of such entry to be made, and issue his warrant commanding the sheriff of the county to attend and prevent obstructions and impediments to such entry, exploration and survey. The cost of such summons, and a fee of $3 to the sheriff executing the warrant, shall be paid by the person whose refusal caused the complaint. But if the justice dismiss the complaint, the costs shall be paid by the party making it.
WV Code § 37-6-1 (2021)
2021 West Virginia Code|Chapter 37. Real Property|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 to lease, or of the reversion thereof, and his heirs, personal representative or assigns, shall enjoy against the lessee, his personal representative, devisees or assigns, the like advantage by action or entry upon any condition or forfeiture, or by action upon any covenant or promise in the lease, which the grantor, assignor, or lessor might have enjoyed.
WV Code § 37-6-2 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 6. Landlord and Tenant|§37-6-2. 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 of any estate therein, his heirs, devisees, or assigns, the like benefit of any condition, covenant, or promise in the lease, as he could have had against the lessors themselves; except the benefit of any warranty, in deed or law.
WV Code § 37-6-3 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 6. Landlord and Tenant|§37-6-3. 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 words. An inheritance, grant, or devise of a rent, or of a reversion or remainder, shall be good and effectual without attornment of the tenant; but no tenant, who, before the death of the ancestor or testator, or before notice of the grant, shall have paid the rent to the ancestor, testator, or grantor, shall suffer any damage thereby.
WV Code § 37-6-4 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 6. Landlord and Tenant|§37-6-4. 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, the judgment, order, or decree of a court.
WV Code § 37-6-5 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 6. Landlord and Tenant|§37-6-5. 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 intention to terminate the same. A periodic tenancy, in which the period is less than one year, may be terminated by like notice, or by notice for one full period before the end of any period. When such notice is to the tenant, it may be served upon him or upon anyone holding under him the leased premises, or any part thereof. When it is by the tenant, it may be served upon anyone who at the time owns the premises in whole or in part, or the agent of such owner, or according to the common law. This section shall not apply where, by special agreement, some other period of notice is fixed, or no notice is to be given; nor shall notice be necessary from or to a tenant whose term is to end at a certain time.
WV Code § 37-6-7 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 6. Landlord and Tenant|§37-6-7. 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 notice that he will, after he shall have taken possession of the demised premises, lease the premises to some other person, in which case the tenant will still remain liable upon his lease, for the unexpired portion of his term, for the difference between the amount of rent received by the landlord from the new tenant, and the amount payable under the lease of the original tenant, and upon any other covenants or agreements contained in the original lease.
WV Code § 37-6-8 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 6. Landlord and Tenant|§37-6-8. 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, upon the payment of all arrears of rent, and the satisfaction of any liabilities which shall have accrued upon the covenants or agreements contained in his lease, and any other liabilities with which he is chargeable by virtue of his lease, to the possession of the premises, except to the extent that some other person is already in possession of the premises, or is entitled to such possession, by virtue of a lease made by the landlord to such other person pursuant to the notice given under the preceding section, before the tenant shall have notified the landlord in writing of his intention to resume possession of the premises, and shall have satisfied, or tendered an amount sufficient to satisfy, his liabilities under his lease as aforesaid. No tenant whose lease has been lawfully forfeited, under the second preceding section, shall be entitled to any right, either at law or in equity, to be relieved of such forfeiture, or to reenter the premises, except as provided in this section.
WV Code § 37-6-9 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 6. Landlord and Tenant|§37-6-9. 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, and, on the trial of such action, if any parol demise, or any agreement wherein a certain rent was reserved, shall appear in evidence, the plaintiff shall not for that reason be nonsuited, but may use the same as evidence of the amount of his debt or damages. In any action for rent, or for such use and occupation, interest shall be allowed as on other contracts.
WV Code § 37-6-10 (2021)
2021 West Virginia Code|Chapter 37. Real Property|Article 6. Landlord and Tenant|§37-6-10. 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 preceding section, or may, in a proper case, resort to an attachment, whatever be the estate of the person owing it, or though his estate or interest in the land be ended. And when the owner of real estate in fee, or holder of a term, yielding him rent, dies, the rent thereafter due shall be recoverable by such owner's heir or devisee, or such term- holder's personal representative or devisee. And if the owner or holder alien or assign his estate or term, or the rent thereafter to fall due thereon, his alienee or assignee may recover such rent.