In West Virginia, the lien interest is upon the building or other structure and the real property whereupon the building or other structure stands or may have been removed.

A leasehold estate, being an interest in land, is subject to a lien under this section. However, a party may not assert a mechanic’s lien against the property interest of the lessor in a leased premises where the terms of the lease simply authorize the lessee to make improvements to the leased premises, although the improvements become the property of the lessor upon termination of the lease.

Liens created pursuant to W.Va. 38-2-1 are limited to the lot upon which the building or structure is erected. It has been held that in a multi-lot residential development, the lien extends no further than the boundaries of the lot where the building stands, although the owner may own adjacent parcels.

Public property has been held exempt from mechanic’s liens, such liens being contrary to public policy.


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