Lien in West Virginia

State-specific overview · Property & Real Estate

Quick summary

West Virginia mechanic's liens must be filed within 120 days of last work, with priority determined by filing date.

How West Virginia treats Lien

West Virginia Code § 38-2-1 et seq. governs mechanic's liens on real property. Lien claimants must file within 120 days after the last date labor was performed or materials were furnished. The lien secures payment for construction work and attaches to the property with priority based on the filing date. West Virginia also recognizes judgment liens and tax liens with separate filing requirements.

The general definition of Lien

A legal claim against property to secure payment of a debt or obligation.

A lien gives someone the right to hold or sell another person's property if a debt isn't paid. For instance, a mechanic who fixes your car might place a lien on it, meaning you can't sell or transfer the car until you pay the repair bill. The person holding the lien doesn't own the property, but they have a legal interest in it that must be satisfied before the owner can freely sell it.

Read the full Lien entry →

This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in West Virginia.