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
36-1-4a Memorandum of trust; requirements; recordation
36-1-5 Gifts of personal property
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
36-1-19 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
36-1-23 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
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Terms Used In West Virginia Code > Chapter 36 > Article 1 - Creation of Estates Generally

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bequest: Property gifted by will.
  • Contract: A legal written agreement that becomes binding when signed.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Devise: To gift property by will.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Inter vivos: Transfer of property from one living person to another living person.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Personal property: All property that is not real property.
  • personal property: includes goods, chattels, real and personal, money, credits, investments, and the evidences thereof. See West Virginia Code 2-2-10
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements and hereditaments, all rights thereto and interests therein, except chattel interests. See West Virginia Code 2-2-10
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Testator: A male person who leaves a will at death.
  • Trustee: A person or institution holding and administering property in trust.