A West Virginia general warranty deed is used to document a real estate transaction and set forth a warranty of the title’s condition and the seller’s ownership in the property. The deed’s warranty ensures that third-party claims are not encumbering the title at the time of conveyance and that the grantor will be legally obliged to resolve any that are discovered thereafter. All claims and encumbrances are covered under the warranty, including those made before the current grantor gained ownership of the premises.
- Statutes: § 36-4-2
- Formatting: §§ 36-3-5, 39-1-2a, 39-1-11. Certain counties may have additional formatting requirements (see Jefferson County).
- Signing Requirements (§ 39-1-2): Notary Public or Two (2) Witnesses
- Where to Record (§§ 40-1-9, 39-1-2): County Clerk’s Office
- Recording Fees (§ 59-1-10(a)(1) & (7)): $30 for the first five (5) pages; $1 for each additional page.
- Forms:
- Declaration of Consideration or Value Statement: A statement containing the same or similar language set out under § 11-22-6 must be included (if the conveyance is subject to the transfer tax).
- Sales Listing Form (Form STC 12:39): Required by the County Clerk for all deed filings.