Terms Used In West Virginia Code > Chapter 36A > Article 5 - Recording

• Clerk: means the clerk of the county court of the county in which the property is situate. See West Virginia Code 36A-1-2
• Code of regulations: means such governing regulations as are adopted pursuant to this chapter for the regulation and management of the property, including such amendments thereof as may be adopted from time to time. See West Virginia Code 36A-1-2
• Declaration: means the instrument by which the owner of property submits it to the provisions of this chapter as hereinafter provided, and all amendments thereof. See West Virginia Code 36A-1-2
• Declaration plan: means a survey of the property prepared in accordance with section two, article four, of this chapter. See West Virginia Code 36A-1-2
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Grantor: The person who establishes a trust and places property into it.
• 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}
• 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