West Virginia Statutes
§ 36B-2-114 — Monuments as boundaries
West Virginia·Ch. 36B UNIFORM COMMON INTEREST OWNERSHIP ACT·Art. 2 CREATION, ALTERATION AND TERMINATION OF COMMON INTEREST COMMUNITIES
The existing physical boundaries of a unit or the physical boundaries of a unit reconstructed in substantial accordance with the description contained in the original declaration are its legal boundaries, rather than the boundaries derived from the description contained in the original declaration, regardless of vertical or lateral movement of the building or minor variance between those boundaries and the boundaries derived from the description contained in the original declaration. This section does not relieve a unit owner of liability in case of his willful misconduct or relieve a declarant or any other person of liability for failure to adhere to any plats and plans or, in a cooperative, to any representation in the public offering statement.
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Legislative History
1986 Reg. Sess., SB102; 1984 Reg. Sess., SB171; 1980 Reg. Sess., HB788
Nearby Sections
15
§ 36B-1-101
Short Title§ 36B-1-102
Applicability§ 36B-1-103
Definitions§ 36B-1-104
Variation by agreement§ 36B-1-105
Separate titles and taxation§ 36B-1-107
Eminent domain§ 36B-1-109
Construction against implicit repeal§ 36B-1-110
Uniformity of application and construction§ 36B-1-111
Unconscionable agreement or term of contract§ 36B-1-112
Obligation of good faith§ 36B-1-113
Remedies to be liberally administered§ 36B-1-114
Adjustment of dollar amounts