West Virginia Code 20-12-6 – Validity
(a) A conservation or preservation easement is valid even though:
Terms Used In West Virginia Code 20-12-6
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Contract: A legal written agreement that becomes binding when signed.
- Holder: means :
(1) A governmental body empowered to hold an interest in real property under the laws of this state or the United States. See West Virginia Code 20-12-3
- Preservation easement: means a nonpossessory interest in an historical building. See West Virginia Code 20-12-3
- 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
(1) It is not appurtenant to an interest in real property;
(2) It can be or has been assigned to another holder;
(3) It is not of a character that has been recognized traditionally as common law;
(4) It imposes a negative burden;
(5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
(6) The benefit does not touch or concern real property; or (7) There is no privity of estate or of contract.
(b) To be enforceable under the provisions of this article, a conservation or preservation easement shall be recorded within sixty days of the effective date of the easement. Upon proper recording, the provisions of this article apply retroactively to the effective date of the easement.