WVC 37 -
CHAPTER 37. REAL PROPERTY.
WVC 37 - 7 -
ARTICLE 7. WASTE.
WVC 37 - 7 - 1
§37-7-1. Waste by tenant in possession.
If any tenant of land or any person who has alienated land
commit any waste thereon while he remains in possession, unless
by special permission of the owner so to do, he shall be liable
to any party injured for damages.
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§37-7-2. Waste by cotenant.
If a tenant in common, joint tenant, or parcener commit
waste, he shall be liable to his cotenants, jointly or severally,
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If a guardian or committee commit waste of the estate of his
ward, he shall be liable to the ward, at the expiration of his
guardianship, for damages.
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§37-7-4. Actions; damages.
Any person entitled to damages, in any case arising under
the preceding sections of this article, may recover the same in
an action on the case. And if it shall be found by the jury that
the waste was committed wantonly, judgment shall be for three
times the amount of damages assessed therefor.
WVC 37 - 7 - 5
§37-7-5. Waste pending suit.
If the tenant in possession of any land shall, pending any
suit to recover or charge such land, with knowledge of such suit,
commit any waste thereon, the court, in which the suit is, may
command the sheriff or other officer to take possession of the
land; and, if the plaintiff succeed in recovering or charging the
land, he may recover, in an action on the case against him who
committed the waste, three times the amount of damages assessed
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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