West Virginia Easement Deed
County Specific Legal Forms Validated as recently as April 14, 2026 by our Forms Development Team
About the West Virginia Easement Deed
How to Use This Form
- Select your county from the list on the left
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
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An easement deed can be created to allow one person the right to use another's land for a specific purpose. An easement is a non-possessory interest in land. Unless an exception is made, every deed conveying real property in West Virginia will be construed to include all buildings, privileges, and appurtenances of every kind belonging to the lands conveyed (36-3-10). Any real estate deed or instrument in this state that initially grants or reserves an easement or right-of-way should describe the easement or right-of-way by metes and bounds, or by specification of the centerline of the easement, or by reference to an attached drawing or plat which may not require a survey (36-3-5a).
In order to be admitted to record in West Virginia, an easement deed must be signed by the grantor and acknowledged or proved by two witnesses (39-1-2). An easement deed must have a certificate of acknowledgment attached to the deed or written on it that has been made before the president of a county court, a justice of the peace, notary public, recorder, or clerk of any court within the United States (39-1-3). Easement deeds can be acknowledged in West Virginia or in another state. If an easement deed is acknowledged before a notary in a state other than West Virginia, the notary should certify the acknowledgment under his official seal (39-1-10).
Until an easement deed is recorded in the county where the property subject to the easement is located, the easement deed will be void as to creditors and subsequent purchasers for valuable consideration without notice (40-1-9). Any such deed that is duly admitted to record in one county where the real estate is located will be void as to creditors and purchasers in respect to other real estate in other counties until the deed is duly admitted to record in the county where other real estate may be situated (40-1-10).
(West Virginia ED Package includes form, guidelines, and completed example)
How to Use This Form
- Select your county from the list above
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
What Others Like You Are Saying
"site is very helpful and easy to use."
"I love how quick the turnaround is, my only request would be for an email notification be sent once …"
"Thank you! Quick, timely and excellent quality document!"
"VERY HAPPY WITH YOUR SERVICE !"
"Great service. It had all the forms I needed."
Common Uses for Easement Deed
- Grant drainage rights across a neighboring property
- Create a right of way for pedestrian or vehicle access
- Release a utility easement after relocation of services
- Grant temporary construction access across your property
- Establish access to a property through a private road
- Grant access for maintenance of a shared fence or wall
- Terminate an easement that is no longer needed
Compare other West Virginia deed forms and documents
Important: County-Specific Forms
Our easement deed forms are specifically formatted for each county in West Virginia.
After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.