WVC 36 - 1 - 24
§36-1-24. Options in leases not affected by rule against
An option contained in any lease to purchase the whole or
any part of the leased premises, exercisable either during the
term of the lease or immediately upon its termination, shall, if
otherwise valid, be enforceable in accordance with its terms,
irrespective of the rule against perpetuities. In any suit to
enforce such option, the lessor, or the successors in interest of
the lessor, shall not plead the rule against perpetuities as a
defense, and the same shall not constitute a defense either in
law or in equity: Provided,
That this section shall not apply to
any lease heretofore executed.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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