Senate Bill No. 71
(By Senators Sypolt, McCabe and Williams)
[Originating in the Committee on the Judiciary;
reported February 20, 2013.]
A BILL to amend and reenact §36-3-5a of the Code of West Virginia,
1931, as amended, relating to descriptions of easements and
rights-of-way in deeds and similar instruments; amending the
centerline method of description to include width; and
clarifying that description requirement regarding easements
and rights-of-way does not apply to certain leases.
Be it enacted by the Legislature of West Virginia:
That §36-3-5a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. FORM AND EFFECT OF DEEDS AND CONTRACTS.
§36-3-5a. Easement and right-of-way; description of property;
exception for certain public utility facilities and
(a) Any deed or instrument that initially grants or reserves an easement or right-of-way shall describe the easement or right-
of-way by any of the following:
_____(1) Metes and bounds;
or by(2) Specification of the centerline
of the easement or right-
of-way, or by and width;
_____(3) Station and offset; or
_____(4) Reference to an attached drawing or plat which may not
require a survey or instrument based on the use of the global
positioning system which may not require a survey.
(b) Oil and gas, gas storage and mineral leases shall not be
required to describe the easement are not subject to the
requirements of subsection (a) of this section but shall are
required to describe the land property on which the easement or
right-of-way will be situate by source of title or reference to a
tax map and parcel, recorded deed recorded or lease, plat or survey
sufficient to reasonably identify and locate which sufficiently
identifies and locates the property. on which the easement or
right-of-way is situate Provided, however, That the easement or
right-of-way is not invalid because of the failure of the easement
or right-of-way to meet the requirements of this subsection.
(b) (c) This section does not apply to the construction of a
service extension from a main distribution system of a public
utility when such the service extension is located entirely on,
below or above the property to which the utility service is to be provided.
(c) (d) The clerk of the county commission of any county in
which an easement or right-of-way is recorded pursuant to this
section shall may only accept for recordation any a document that
complies with this section and that otherwise complies with the
requirements of article one, chapter thirty-nine of this code,
without need for a survey or certification under section twelve,
article thirteen-a, chapter thirty of this code.