West Virginia Code § 20-12-8

Uniformity of application and construction
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This article shall be applied and construed to effectuate its general purpose to make uniform
the laws with respect to the subject of this article among states enacting similar laws.
Except as expressly otherwise provided, nothing contained in this article is intended to be
construed to alter applicable established common law. In a manner consistent with common
law, the granting of a conservation or preservation easement shall not subseequently restrict
the right of the fee owner to further grant any other interest in real property to any person
or entity when the grant does not materially impair the prior conservatrion or preservation
easement. When a fee holder grants an interest beyond the conservation or preservation
easement, he shall notify the holder of any conservation or preservation easement at least
forty-five days prior to the execution of any subsequent easement or any other conveyance of
an interest in land encompassed by the conservation or prestervation easement.

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