WVC 37 -
CHAPTER 37. REAL PROPERTY.
WVC 37 - 8 -
ARTICLE 8. EMBLEMENTS.
WVC 37 - 8 - 1
§37-8-1. Lessee of tenant or owner of an uncertain interest.
If the landlord of land which is let to another be tenant
for life or other uncertain interest or be an owner whose estate
is subject to a limitation over upon a contingency, and if the
estate of such landlord terminates during the tenancy of the
lessee, the lessee may hold the land to the end of the current
year of the tenancy, paying rent therefor; the rent, if it be
reserved in money, shall be apportioned between the landlord or
his personal representative, and those who succeed to the land.
If rent be reserved in kind, it shall be paid to the landlord, or
his personal representative; and such landlord, or his personal
representative, as the case may be, shall pay to those who
succeed to the land a reasonable rent in money, from the
expiration of the life estate, or other uncertain interest or
estate, to the end of the current year of the tenancy; the rent
to be paid to those who succeed to the land shall be a charge in
preference to other claims on the rent received in kind by such
landlord or his personal representative. Such lessee shall be
entitled as at common law to the emblements growing on the lands
at the expiration of the estate for life, or other uncertain
interest, whether they be severed during the year or not, but
shall not, after the expiration of the life estate, plant any
crop which will not mature during the current year, and, if he
does so, he shall have no right to sever the same after the end
of the current year. But where the growing crops are severed
after the expiration of the current year of the tenancy, such
lessee shall pay a reasonable rent to those who succeed to the lands, from the end of such tenancy to the time when the same are
severed. If such life estate, or other uncertain interest or
estate expire before the first of August in any year, the lessee
shall permit those who succeed to the land to put in the ground
any crop they may desire after that period; and if any land has
been prepared by such lessee previous to that period, for the
purpose of putting a crop in the ground, those who succeed to the
land shall pay a reasonable compensation for such preparation;
and to the extent that such lessee is deprived of the use of the
land by reason of a crop being put in the ground, by those who
succeed to the land, he shall be paid a reasonable compensation
for the use of such land.
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§37-8-2. Land employed in farming or planting.
If any person, having land employed in farming or planting,
whether it be held for life or any other interest, shall die on
or after the first of March, his personal representative may, in
his discretion, continue such employment until the last day of
December following, and all the emblements which such
representative may sever before that day shall be personal assets
in his hands, deducting first the taxes and levies on such land,
and the cost of tools procured after the decedent's death. If he
elect not to continue such employment, he shall dispose of, for
the balance of the year, to the best advantage for the estate of
the decedent, such land held by him for life only, and in either
case such representative shall, out of the assets, pay to those
entitled in reversion or remainder, a reasonable rent or hire,
from the death of his decedent to the last day of December. Such
rent or hire shall be chargeable, in preference to all other
claims against the estate, on the profits which may arise from
such land after the death of the decedent.
WVC 37 - 8 - 3
§37-8-3. At common law.
In all other cases the right to emblements shall be as at