West Virginia § 36-1-10 Operation of conveyance in excess of actual interest

West Virginia Statutes

§ 36-1-10 — Operation of conveyance in excess of actual interest

West Virginia § 36-1-10

Ch. 36ESTATES AND PROPERTY

Art. 1CREATION OF ESTATES GENERALLY

This text of West Virginia § 36-1-10 (Operation of conveyance in excess of actual interest) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 36-1-10 (2026).

Text

A deed which purports to convey a greater right or interest in real property than the person making it may lawfully convey shall operate as an alienation of such right or interest in such real property as such person might lawfully convey. The application of the doctrine of estoppel by deed, and the liability of the grantor, his heirs and personal representatives upon the covenants, if any, contained in such conveyance shall be determined according to the rules of law applicable to other deeds.

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A deed which purports to convey a greater right or interest in real property than the person making it may lawfully convey shall operate as an alienation of such right or interest in such real property as such person might lawfully convey. The application of the doctrine of estoppel by deed, and the liability of the grantor, his heirs and personal representatives upon the covenants, if any, contained in such conveyance shall be determined according to the rules of law applicable to other deeds.