West Virginia Agreement to Partition Real Property According to Award of Surveyor

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Multi-State
Control #:
US-1192BG
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Word; 
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Description

Partition is the division between two or more persons of real or personal property held by them in common ownership. The division can take place between joint tenants or tenants in common.
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FAQ

West Virginia deeds are recorded with the clerk of the county commission?commonly called simply the county clerk?of the county where the property is located. West Virginia law allows county clerks to accept deeds for filing electronically or in paper format. Recording fees.

The state hereafter shall, whenever it is an owner of an undivided interest in any land or real estate, together with other persons, become a party plaintiff in any proceedings by any person entitled to demand partition under the first sentence of this section.

Most adverse possession laws require a trespasser to openly inhabit and improve a property, or a small part, for a determined amount of time before he or she may gain legal title to the property. This time limit in West Virginia is at least 10 years before ownership could change hands.

Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense of the land.

Notice to terminate tenancy. A tenancy from year to year may be terminated by either party giving notice in writing to the other, at least three months prior to the end of any year, of his intention to terminate the same.

In all cases resulting in partition or sale the costs of suit shall come from the proceeds of sale.

Many state constitutions (Arkansas, Wisconsin, Minnesota, New York) refer to allodial title, but only to clearly distinguish it from feudal title.

West Virginia has legalized TOD deeds by enacting the WV Real Property Transfer on Death Act. Previously, a property owner would most likely have named a beneficiary by creating a life estate with a remainder interest, a more complicated option usually involving a property lawyer.

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West Virginia Agreement to Partition Real Property According to Award of Surveyor