West Virginia Easement Deed

County Specific Legal Forms Validated as recently as May 15, 2026 by our Forms Development Team

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About the West Virginia Easement Deed

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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

— OLGA R.

"Excellent Service for E-Recording. They work with you and guide you on every aspect."

— rosie s.

"Very please with the service"

— William S C.

"The Lady Bird Deed appears to be fine with me as are the instructions. However, there apparently are…"

— Laura B.

"Downloaded and completed these quit claim forms in less than one cup of coffee, quick easy and stres…"

— Darrell J.

"Easy to use, rapid response, excellent service."

Common Uses for Easement Deed

Grant temporary construction access across your property
Establish a shared driveway or road access agreement
Grant a utility company the right to install lines across your land
End a right of way that has been abandoned or replaced
Allow a neighbor to use a portion of your land for parking
Release a utility easement after relocation of services
Create a right of way for pedestrian or vehicle access

Compare other West Virginia deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Deed of Trust and Promissory Note Release of Deed of Trust Installment Land Contract Memorandum of Land Contract Release of Memorandum of Contract Termination of Easement Transfer on Death Deed Transfer on Death Revocation Affidavit of Heirship Personal Representative Deed Trustee Deed Mineral Deed Quitclaim Mineral Deed Special Power of Attorney for the Purchase of Property Special Power of Attorney for the Sale of Property Disclaimer of Interest Certification of Trust Memorandum of Trust Notice of Lis Pendens Release of Lis Pendens

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.

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