Brooke County Special Warranty Deed Form (West Virginia)
All Brooke County specific forms and documents listed below are included in your immediate download package:
Special Warranty Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Brooke County compliant document last validated/updated 6/24/2025
Special Warranty Deed Guide
Line by line guide explaining every blank on the form.
Included Brooke County compliant document last validated/updated 6/25/2025
Completed Example of the Special Warranty Deed Document
Example of a properly completed form for reference.
Included Brooke County compliant document last validated/updated 6/24/2025
The following West Virginia and Brooke County supplemental forms are included as a courtesy with your order:
When using these Special Warranty Deed forms, the subject real estate must be physically located in Brooke County. The executed documents should then be recorded in the following office:
Brooke County Clerk
632 Main St, Wellsburg, West Virginia 26070-1743
Hours: 9:00 to 5:00 M-F / first & last Sat 9:00 to 12:00 (except holiday weekends)
Phone: (304) 737-3661
Local jurisdictions located in Brooke County include:
- Beech Bottom
- Bethany
- Colliers
- Follansbee
- Short Creek
- Wellsburg
- Windsor Heights
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Brooke County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Brooke County using our eRecording service.
Are these forms guaranteed to be recordable in Brooke County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Brooke County including margin requirements, content requirements, font and font size requirements.
Can the Special Warranty Deed forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Brooke County that you need to transfer you would only need to order our forms once for all of your properties in Brooke County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by West Virginia or Brooke County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Brooke County Special Warranty Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
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)
Our Promise
The documents you receive here will meet, or exceed, the Brooke County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Brooke 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.
4.8 out of 5 - ( 4558 Reviews )
Loretta W.
June 26th, 2025
Thank you for your excellent service
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Nigel S.
June 24th, 2025
Very simple to use. The 'completed examples' are very helpful.
Thank you for your feedback. We really appreciate it. Have a great day!
Robert H.
June 23rd, 2025
Great service, easy way to get accurate documents
Thanks, Robert! We're glad you found the service easy to use and the documents accurate—just what we aim for. Appreciate you taking the time to share your experience!
Michael F.
May 12th, 2021
I'm not too bright and I made a mess of things when I tried to create my own deed. It was lucky that I found the forms here after so many of my personal failures. It's good that the pros know what they are doing.
Such kind words Michael, thank you.
Jenni R.
April 19th, 2023
Dry convenient and had just the form I needed and included directions, filled out sample form and other resources. Will recommend and use again if needed.
Thank you for your feedback. We really appreciate it. Have a great day!
Joseph R.
February 17th, 2021
So easy to use. I like the way they kept me informed to the progress being made on my filing. If the occasion occurs I'll definitely use them again.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Shane T.
March 7th, 2020
The Transfer on Death Deed form package was very good. But like anything, could use some improvements.
There is not enough space to fill more than one beneficiary with any level of additional detail like "as his sole and separate property"
The area for the legal description could be a bit bigger and potentially fit many legal descriptions. Or it could be made to simply say "See Exhibit A" as is likely necessary for most anyway.
The guide should indicate what "homestead property" means so the user doesn't have to research the legal definition. (which turns out to be obvious, at least in my state, if you live there, it's your homestead.)
It would be helpful if an "Affidavit of Death" form were included in the package for instances where the current deed hasn't been updated to reflect a widowed owner as the sole owner before recording with only the one signature.
Thank you for your feedback. We really appreciate it. Have a great day!
TIFFANY C.
May 20th, 2020
It would be nice if the notary State was fillable, we are having to notarize in another State. Also, need more room to add 2 beneficiaries with two different addresses.
Thank you for your feedback. We really appreciate it. Have a great day!
Thomas S.
April 13th, 2019
Very nice.
Thank you!
Frankie A.
February 19th, 2021
Deeds.com recorded documents for me without any issue. It's a good service and provides a lot of assistance on its web site. However, I asked for a printed receipt (i.e. an pdf copy of one), but after a staff provided me with an obvious answer, they simply ignored my follow up requests. I also asked a simple formatting question that they should have been able to answer; instead, they passed the buck and referred me to the recorder, which currently is a very time-consuming venture. They also have no telephone number for any issue. Generally, the service saves me the time and effort of physically recording a document, but when you think about $19.00 per recording seems like a steep price for the services rendered.
We appreciate your feedback Frankie. We are glad that we were able to submit your documents as requested. Sorry to hear that we let you down in other areas. We do encourage you to shop around for services that may better suit your needs. Have a wonderful day.
Daniel S.
July 6th, 2020
So far, so good. Waiting for the County Recorder to accept and record my document, but use of the Deeds.com system has been easy.
Thank you for your feedback. We really appreciate it. Have a great day!
christopher c.
May 22nd, 2025
Everything was professionally, handled and the process was simple and easy. I appreciated the responsiveness and recommendations from the reviewer of my package and look forward to getting my other submissions done. Wish I knew about this process sooner, thanks
Thanks, Christopher! We're glad the process was smooth and our team could help. Looking forward to assisting with your future submissions!
Edward Z.
March 11th, 2021
Very easy to do. Will use them in the future.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Robert F.
July 11th, 2023
This service is excellent. I submitted a Quickclaim Deed so my home would be in the name of a Living Trust I had just created. This was my first attempted at any of this and the staff person, KVH, who reviewed my Deed was extremely helpful and quick to respond to any questions I had and to make sure the Deed had the correct information before submittal to the county for recording. I started the process one afternoon and by the next day, the Deed was submitted to, and recorded in, my county. I will use them again whenever needed.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Richard N.
November 27th, 2020
It went well. The proof will be when I complete the forms and submit to the County Clerk.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!