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Introduced Version Senate Bill 562 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 562

(By Senator Barnes)

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[Introduced March 12, 2009; referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact §36-1-3 of the Code of West Virginia, 1931, as amended, relating to requiring all contracts for the sale or lease of real property over five acres to state with specificity the estate being transferred and the estate, if any, being reserved.

Be it enacted by the Legislature of West Virginia:
That §36-1-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. CREATION OF ESTATES GENERALLY.

§36-1-3. Contracts for sale or lease of land; necessity of writing.

(a) No contract for the sale of land, or the lease thereof for more than one year, shall be enforceable unless the contract or some note or memorandum thereof be in writing and signed by the party to be charged thereby, or by his or her agent. But the consideration need not be set forth or expressed in the writing, and it may be proved by other evidence.
(b) All contracts for the sale of land in excess of five acres, or the lease thereof for more than a year, shall state with specificity the estates being transferred and the estates being reserved: Provided, That if no estate is being reserved, the contract shall so state.



NOTE: The purpose of this bill is to require all contracts for the sale or lease of land over five acres to state with specificity the estates being transferred and, if any, the estates being reserved. The bill also requires that if no estate is reserved, the contract shall so state.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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