CHAPTER 36. ESTATES AND PROPERTY.
ARTICLE 4. COVENANTS.
ARTICLE 4. COVENANTS.
When the words "the said ............... covenants," are used in a deed, such covenant shall have the same effect as if it was expressed to be by the covenantor, for himself, his heirs, personal representatives and assigns, and shall be deemed to be with the covenantee, his heirs, personal representatives and assigns.
A covenant by a grantor in a deed, "that he will warrant generally the property hereby conveyed," or a covenant of like import, or the use of the words "with general warranty" in a deed, shall have the same effect as if the grantor had covenanted that he, his heirs and personal representatives will forever warrant and defend the said property unto the grantee, his heirs, personal representatives and assigns, against the claims and demands of all persons whomsoever.
A covenant by a grantor in a deed "that he will warrant specially the property hereby conveyed," or a covenant of like import, or the use of the words "with special warranty" in a deed, shall have the same effect as if the grantor had covenanted that he, his heirs and personal representatives will forever warrant and defend the said property unto the grantee, his heirs, personal representatives and assigns, against the claims and demands of the grantor and all persons claiming by,
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§11A-4-4. Right to set aside deed when one entitled to notice
not notified.
(a) If any person entitled to be notified under the provisions
of section twenty-two or fifty-five, article three of this chapter is not
served with the notice as therein required, and does not have actual knowledge
that such notice has been given to others in time to protect his interests by
redeeming the property, he, his heirs and assigns, may, before the expiration
of three years following the delivery of the deed, institute a civil action to
set aside the deed. No deed shall be set aside under the provisions of this
section until payment has been made or tendered to the purchaser, or his heirs
or assigns, of the amount which would have been required for redemption,
together with any taxes which have been paid on the property since delivery of
the deed, with interest at the rate of twelve percent per annum.
(b) No title acquired pursuant to this article shall be set
aside in the absence of a showing by clear and convincing evidence that the
person who originally acquired such title failed to exercise reasonably
diligent efforts to provide notice of his intention to acquire such title to
the complaining party or his predecessors in title.
(c) Upon a preliminary finding by the court that the deed will
be set aside pursuant to this section, such amounts shall be paid within one
month of the entry thereof. Upon the failure to pay the same within said period
of time, the court shall upon the request of the purchaser, enter judgment
dismissing the action with prejudice.
Any civil action instituted under the provisions of section two,
three or four of this article by a person other than the former owner, his
heirs or assigns, must be brought on his or their behalf. Whenever the deed in
such case is set aside, the decree shall be that all the right, title and
interest of the former owner, his heirs or assigns, is revested in him or them.
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§18-5-7. Sale
of school property at public auction; rights of grantor of lands in rural
communities; oil and gas leases; disposition of proceeds; lease of school
property.
(a) Except as set forth in subsection (b) of this section, if at any time a county board determines that any building or any land is no longer needed for school purposes, the county board may sell, dismantle, remove or relocate the building and sell the land on which it is located at public auction, after proper notice and on such terms as it orders, to the highest responsible bidder.
(b) Notwithstanding the provisions of subsection (a) of this
section, in rural communities, the grantor of the lands or his or her heirs or
assigns has the right to purchase at the sale, the land, exclusive of the
buildings on the land and the mineral rights, at the same price for which it
was originally sold: Provided, That the sale to the board was not a
voluntary arms length transaction for valuable consideration approximating the
fair market value of the property at the time of the sale to the board: Provided, however, That the provisions of this section
may not operate to invalidate any provision of the deed to the contrary.
(c) The county board, by the same method set forth in subsection
(a) of this section for the sale of school buildings and lands, may, in lieu of
offering the property for sale, enter into a lease for oil or gas or other
minerals any lands or school sites owned in fee by it. The proceeds of the
sales and rentals shall be placed to the credit of the fund or funds of the
district as the county board may direct.
(d) The county board may make any sale of property subject to
the provision that all liability for hazards associated with the premises are
to be assumed by the purchaser. In any sale by the county board of improved
property in which the actual consideration is less than ten thousand dollars or
in any sale of unimproved property in which the actual consideration is less
than one thousand dollars, the county board shall make any sale of property
subject to the provision that all liability for hazards associated with the
premises are to be assumed by the purchaser. The county board shall inform any
prospective purchaser of known or suspected hazards associated with the
property.
(e) Except as provided by the provisions of subsection (b) of
this section, where a county board determines that any school property is no
longer needed for school purposes, the county board may, upon determining that
it will serve the best interests of the school system and the community, offer
the property for lease. The procedure set forth in subsection (a) of this
section relating to sale of school buildings and lands shall apply to leasing
the school property. Any lease authorized by the provisions of this subsection
shall be in writing. The writing shall include a recitation of all known or
reasonably suspected hazards associated with the property, an assumption by the
lessee of all liability related to all hazards, whether disclosed or not, and
provisions wherein the lessee assumes all liability for any actions arising
from the property during the term of the lease.
(f) Notwithstanding any provision of this section to the
contrary, the provisions of this section concerning sale or lease at public
auction may not apply to a county board selling, leasing or otherwise disposing
of its property for a public use to the state of West Virginia, or its
political subdivisions, including county commissions, for an adequate
consideration without considering alone the present commercial or market value
of the property.
Note: WV Code updated with legislation passed through the 2015 Regular Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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