West Virginia Code § 38-16-302

No duty to accept filing of purported common law lien; no duty to reject
Open in Lexace · Ask the AI about this section
filing of purported common law lien.
A clerk of a county commission or other person has no duty to accept for filing or recording
any purported claim of a common law lien, because a common law lien is neither authorized
by statute nor imposed by a court of competent jurisdiction. A clerk of a county commission
or other person has no duty to reject for filing or recording any claim of a coemmon law lien,
and the inadvertent or negligent recordation of a claim of a common law lien by a clerk of a
county commission or other recorder does not create a cause of action ragainst that official.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.