A West Virginia Partial Release of Mortgage / Deed of Trust on Undivided Leasehold Interest is a legal document that allows a mortgage holder or lender to release a portion of the property that is subject to a mortgage or deed of trust. This partial release is specifically applicable to the undivided leasehold interest within the larger property. West Virginia law recognizes various types of partial releases of mortgage / deed of trust on undivided leasehold interest, including but not limited to: 1. Voluntary Partial Release: This type of release occurs when the property owner or lessee requests the lender to release a portion of the leasehold interest from the mortgage or deed of trust. This may be desired when the lessee wants to sell or transfer a specific portion of the leasehold interest while keeping the remaining portion secured by the mortgage or deed of trust. 2. Easement Partial Release: In this scenario, the mortgage holder agrees to release a particular segment of the leasehold interest for easement purposes. For instance, if a utility company wants to install power lines or access roads within a certain section of the leasehold, the lender may agree to release that portion from the mortgage or deed of trust. 3. Encroachment Partial Release: This type of release becomes relevant when a third party has mistakenly built structures or improvements on a portion of the leasehold interest that is secured by the mortgage or deed of trust. Upon discovering the encroachment, the lender may agree to release the encroached area from the mortgage to address the legal issues associated with the encroachment. 4. Subordination Partial Release: Sometimes, a lender may release a portion of the leasehold interest to allow another mortgage or lien to take priority over the existing mortgage or deed of trust. This type of release is typically executed when the property owner wants to secure additional financing or obtain a loan for improvement purposes. The lender agrees to subordinate its interest in the specified section of the leasehold. Executing a West Virginia Partial Release of Mortgage / Deed of Trust on Undivided Leasehold Interest requires a detailed legal process, involving the preparation of the release document, obtaining required signatures from all relevant parties involved, and filing the release with the appropriate county recorder's office. It is strongly advisable to consult with a qualified attorney to ensure all legal requirements are properly met and the release is enacted accurately according to West Virginia state laws.