The agreement by which one party holds possession of the real property owned by another is a lease. The person who owns the real property is known as the lessor or landlord. The lessee, or tenant, is the one who occupies the property.
The relationship of landlord and tenant is created by contract. An oral lease is valid at common law, but statutes in most States require written leases for certain tenancies. Many States provide that a lease for a term exceeding three years must be in writing. Statutes in other States require written leases when the term exceeds one year.
The following elements are necessary to the establishment of the relationship of landlord and tenant:
" The occupying of the land must be with the consent of the landlord.
" A reversionary interest in the land must remain in the landlord. That is, the landlord must be entitled to retake the possession of the land upon the expiration of the lease.
" The tenant must have present possession in the land. This means a right to be in possession of the land now.
West Virginia offers a variety of lease or rental options for vacant properties or lots with the right to construct improvements. These agreements allow lessees to make enhancements or build structures on the leased property. One common type of West Virginia lease or rental agreement is the "Commercial Lease with Construction Rights." This type of lease is suitable for businesses or entrepreneurs seeking to lease a vacant property or lot to establish their operations. It grants lessees the rights to construct improvements such as office buildings, warehouses, or retail spaces on the leased land, subject to local zoning regulations. Another type is the "Residential Lease with Construction Rights." This agreement is designed for individuals who wish to lease a vacant lot in West Virginia to construct their dream home. It provides lessees the opportunity to build residential properties and customize their living space according to their preferences, allowing them to create a personalized environment. Furthermore, West Virginia also offers a lease or rental agreement specifically tailored for agricultural purposes — the "Farm Lease with Construction Rights." This agreement allows lessees to lease a vacant property or lot in order to engage in agricultural activities while enabling them to construct barns, stables, or any other necessary infrastructure to support their farming operations. Lessees who enter into these West Virginia lease or rental agreements with the right to construct improvements are responsible for submitting detailed plans and obtaining any necessary permits and approvals from the relevant authorities. They must also adhere to all applicable building codes, zoning regulations, and environmental requirements when constructing the improvements. When searching for a West Virginia lease or rental of a vacant property or lot with the right to construct improvements, it is essential to thoroughly review the lease agreement and consult with legal professionals if needed. Understanding the rights, obligations, and restrictions specified in the agreement helps ensure a successful and compliant construction process.
