West Virginia § 38-16-202 Real property common law liens unenforceable; personal property common law liens limited

West Virginia Statutes

§ 38-16-202 — Real property common law liens unenforceable; personal property common law liens limited

West Virginia § 38-16-202

Ch. 38LIENS

Art. 16FRAUDULENT COMMON LAW LIENS

This text of West Virginia § 38-16-202 (Real property common law liens unenforceable; personal property common law liens limited) 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 § 38-16-202 (2026).

Text

(a)A common law lien against real property is invalid and is not recognized or enforceable in this state.

(b)A common law lien claimed against personal property is invalid and is not recognized or enforceable if, at the time the lien is claimed, the claimant does not have:

(1)Actual possession, lawfully acquired, of specific personal property against which the lien is asserted; or

(2)Exclusive control, lawfully acquired, of specific personal property against which the lien is asserted.

(c)A valid common law lien claimed against personal property is destroyed or terminated if the person entitled to the lien fails to retain possession or control of the property, unless the person against whom the lien is asserted agrees, in writing, that the lien may continue after delivery of the p

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(a) A common law lien against real property is invalid and is not recognized or enforceable in this state.

(b) A common law lien claimed against personal property is invalid and is not recognized or enforceable if, at the time the lien is claimed, the claimant does not have:

(1) Actual possession, lawfully acquired, of specific personal property against which the lien is asserted; or

(2) Exclusive control, lawfully acquired, of specific personal property against which the lien is asserted.

(c) A valid common law lien claimed against personal property is destroyed or terminated if the person entitled to the lien fails to retain possession or control of the property, unless the person against whom the lien is asserted agrees, in writing, that the lien may continue after delivery of the property from the possession of the lienholder.