Updated on September 15th, 2022
A West Virginia special warranty deed is a document that conveys a real estate interest to a purchaser and warrants against encumbrances occurring while the seller owned the property. The deed is a legally binding document wherein the seller (or “grantor”) promises a clear title, except for issues made under other owners, and that they will resolve claims if they were made while they held interest in the premises.
The grantee can review a property’s history by searching the county clerk’s records for title encumbrances (e.g., unreleased liens, outstanding taxes, easements, etc.). This query is referred to as a “title search,” and can be useful in avoiding the costly expenses resulting from an encumbered title.
- Statutes: § 36-4-3
- Formatting: § 36-3-5, § 39-1-2a, § 39-1-11. The county clerk may be consulted for local formatting rules (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.
- Declaration of Consideration or Value Statement: Deeds submitted for recording must include the statement outlined in § 11-22-6 (unless exempt from transfer tax).
- Sales Listing Form (Form STC 12:39): Must accompany all instruments submitted to the county clerk.