West Virginia Forms

Fayette County Special Warranty Deed Form

Fayette County Special Warranty Deed Form

Fayette County Special Warranty Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.

Document Last Validated 7/31/2025
Fayette County Special Warranty Deed Guide

Fayette County Special Warranty Deed Guide

Line by line guide explaining every blank on the form.

Document Last Validated 6/25/2025
Fayette County Completed Example of the Special Warranty Deed Document

Fayette County Completed Example of the Special Warranty Deed Document

Example of a properly completed form for reference.

Document Last Validated 6/24/2025

All 3 documents above included • One-time purchase • No recurring fees

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Important: Your property must be located in Fayette County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Fayette County Clerk's Office
Address:
100 Church St / PO Box 569
Fayetteville, West Virginia 25840-1256

Hours: 8:00 to 4:00 M-F

Phone: (304) 574-4226

Recording Tips for Fayette County:
  • Bring your driver's license or state-issued photo ID
  • Avoid the last business day of the month when possible
  • Ask about their eRecording option for future transactions

Cities and Jurisdictions in Fayette County

Properties in any of these areas use Fayette County forms:

  • Alloy
  • Ansted
  • Boomer
  • Cannelton
  • Charlton Heights
  • Danese
  • Deep Water
  • Dothan
  • Edmond
  • Fayetteville
  • Gauley Bridge
  • Glen Ferris
  • Glen Jean
  • Hico
  • Hilltop
  • Kanawha Falls
  • Kimberly
  • Kincaid
  • Lansing
  • Layland
  • Lochgelly
  • Lookout
  • Meadow Bridge
  • Minden
  • Montgomery
  • Mount Carbon
  • Mount Hope
  • Mount Olive
  • Nallen
  • Oak Hill
  • Page
  • Pax
  • Powellton
  • Prince
  • Robson
  • Scarbro
  • Smithers
  • Spring Dale
  • Thurmond
  • Victor
  • Winona

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Fayette County

How do I get my forms?

Forms are available for immediate download after payment. The Fayette 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 Fayette County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Fayette County including margin requirements, content requirements, font and font size requirements.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Fayette 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 Fayette County?

Recording fees in Fayette County vary. Contact the recorder's office at (304) 574-4226 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 Fayette County to use these forms. Documents should be recorded at the office below.

This Special Warranty Deed meets all recording requirements specific to Fayette County.

Our Promise

The documents you receive here will meet, or exceed, the Fayette 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 Fayette 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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