West Virginia Code 36A-6-1 – Removal
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Property may be removed from the provisions of this chapter by a revocation expressing the intention to so remove property previously made subject to the provisions of this chapter. No such revocation shall be effective unless the same is executed by all of the unit owners and by the holders of all mortgages, judgments or other liens affecting the units and is duly recorded.
Terms Used In West Virginia Code 36A-6-1
- Property: means and includes the land, the building, all improvements thereon, all owned in fee simple, and all easements, rights and appurtenances belonging thereto, which have been or are intended to be submitted to the provisions of this chapter. See West Virginia Code 36A-1-2
- Recorded: means that an instrument has been duly entered of record in the office of the clerk of the county court of the county in which the property is situate. See West Virginia Code 36A-1-2
- Revocation: means an instrument signed by all of the unit owners and by all holders of liens against the units by which the property is removed from the provisions of this chapter. See West Virginia Code 36A-1-2
- Unit: means a part of the property designed or intended for any type of independent use, which has a direct exit to a public street or way, or to a common element or common elements leading to a public street or way, or to an easement or right-of-way leading to a public street or way, and includes the proportionate undivided interest in the common elements which is assigned thereto in the declaration, or any amendments thereof. See West Virginia Code 36A-1-2