Laws & Requirements

• Statutes: Title 21, Ch. 1 (§§ 1 to 615)
• Formatting: No state-wide formatting, though the recorder of deeds may charge twice the standard fee to record documents that are larger than 8 1/2 by 14 inches in size (42 § 21056).
• Signing Requirements (21 § 42): Notarial Acknowledgment
• Where to Record (21 § 351): County Recorder of Deed’s office
• Recording Fees: Varies by county.
• Exemption Statement: If the conveyance of property is entirely exempt from transfer tax (e.g., transfers between family), the deed must relay this information.
• Forms:
  • Property Disclosure Statement (68 § 7303): Must be delivered to a prospective buyer to inform them of any property issues that may affect their purchase decision.
  • Form REV-183 (Realty Transfer Tax Statement of Value) (42 § 21053): Must be recorded with the deed when the full consideration is not specified or a transfer tax exemption is being claimed.
  • Coal Severance Notice (52 § 1551): The grantor must include this notice in the deed if there was a severance of coal below the premises.
  • Bituminous Coal Notice (52 § 1406.14): Must be included in the deed and signed by each grantee if all of the following are true:
    • The premises contains bituminous coal;
    • The bituminous coal will be taxed separately; and
    • The deed doesn’t certify whether the structure is being supported by bituminous coal.