Berkeley County Special Warranty Deed Form
Last validated June 18, 2026 by our Forms Development Team
Berkeley County Special Warranty Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.

Berkeley County Special Warranty Deed Guide
Line by line guide explaining every blank on the form.

Berkeley County Completed Example of the Special Warranty Deed Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional West Virginia and Berkeley County documents included at no extra charge:
Where to Record Your Documents
Berkeley County Clerk
Martinsburg, West Virginia 25401
Hours: Monday-Friday 9:00am to 5:00pm
Phone: (304) 264-1927
Recording Tips for Berkeley County:
- Ask about their eRecording option for future transactions
- Recorded documents become public record - avoid including SSNs
- Avoid the last business day of the month when possible
Cities and Jurisdictions in Berkeley County
Properties in any of these areas use Berkeley County forms:
- Bunker Hill
- Falling Waters
- Gerrardstown
- Glengary
- Hedgesville
- Inwood
- Martinsburg
- Ridgeway
Hours, fees, requirements, and more for Berkeley County
How do I get my forms?
Forms are available for immediate download after payment. The Berkeley County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Berkeley County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Berkeley County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Berkeley County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Berkeley County?
Recording fees in Berkeley County vary. Contact the recorder's office at (304) 264-1927 for current fees.
Questions answered? Let's get started!
Special warranty deeds are commonly used to convey real property in West Virginia. A statutory form for conveying real property is codified at West Virginia Code Section 36-3-5. When a deed contains words of special warranty under Section 36-4-3, the grantor promises to warrant and defend the property for the grantee against the claims and demands of the grantor and all persons claiming by, through, or under the grantor.
The warranty is limited to the time the grantor held title and does not guarantee the quality of the title past the grantor's ownership. Therefore, a special warranty deed offers less protection for the buyer than a general warranty deed.
In addition to the covenant of warranty, a special warranty deed can include additional statutory covenants under W. Va. Code Chapter 36, Article 4, including right to convey, quiet possession, a special covenant against encumbrances, and a covenant of further assurances.
To be valid and to provide a quality public record, both the grantor and grantee must be named in the section of the deed that details the words and terms of conveyance (conveyancing clause). In addition, the property must be able to be identified by inclusion of a legal description, including the district in which the parcel is located.
The granting party must sign the deed in the presence of a notary public. Property owned by a married person requires the spouse's signature because of potential marital rights, regardless of whether the spouse holds a direct interest in the property.
A special warranty deed in this state is void as to creditors and subsequent purchasers for valuable consideration without notice until it is recorded in the county where the property is located (W. Va. Code 40-1-9). To record a special warranty deed with a county clerk in West Virginia, the instrument must meet state and county requirements of form and content for documents pertaining to an interest in real property. All recorded deeds must be accompanied by a Sales Listing Form.
Deeds recorded in West Virginia are subject to a transfer tax based on the purchase price (consideration) listed on the deed, or, if no consideration is listed, the fair market value of the property. For deeds having no consideration, a Declaration of Consideration or Value is required.
If the grantor is not a West Virginia resident, tax withholding pursuant to W. Va. Code Section 11-21-71b is also required.
Consult a lawyer with questions about special warranty deeds or for any other issues related to transferring real property in West Virginia.
(West Virginia SWD Package includes form, guidelines, and completed example)
Important: Your property must be located in Berkeley County to use these forms. Documents should be recorded at the office below.
This Special Warranty Deed meets all recording requirements specific to Berkeley County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Berkeley County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.
Save Time and Money
Get your Berkeley County Special Warranty Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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