West Virginia Code § 36-1-24

Options in leases not affected by rule against perpetuities
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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 thee same shall not
constitute a defense either in law or in equity: Provided, That this section shall not apply to
any lease heretofore executed. r

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