West Virginia § 38-16-202 - 38-16-202. Real property common law liens unenforceable; personal property common law liens limited.
Full text of West Virginia West Virginia Code § 38-16-202 — 38-16-202. Real property common law liens unenforceable; personal property common law liens limited., with citation guidance and answers to common questions.
§ 38-16-202. 38-16-202. Real property common law liens unenforceable; personal property common law liens limited.
(a) A common law lien against real property is invalid and is not recognized or enforceable in this state.
(b) A common law lien claimed against personal property is invalid and is not recognized or enforceable if, at the time the lien is claimed, the claimant does not have:
(1) Actual possession, lawfully acquired, of specific personal property against which the lien is asserted; or
(2) Exclusive control, lawfully acquired, of specific personal property against which the lien is asserted.
(c) A valid common law lien claimed against personal property is destroyed or terminated if the person entitled to the lien fails to retain possession or control of the property, unless the person against whom the lien is asserted agrees, in writing, that the lien may continue after delivery of the property from the possession of the lienholder.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 38-16-202
What does West Virginia Code § 38-16-202 cover?
Section 38-16-202 ("38-16-202. Real property common law liens unenforceable; personal property common law liens limited.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite West Virginia § 38-16-202?
A common citation format is "West Virginia Code § 38-16-202" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of West Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.
How does West Virginia § 38-16-202 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.