West Virginia Recorders Information

Register of Deeds

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Recorder information for West Virginia. Real property records are maintained by the recorder in the County where the property is located.

Real estate deeds that transfer property in West Virginia can be recorded to provide constructive notice of the transfer. In most cases deed documents are recorded in the County where the property is located.

West Virginia Recording Act:

Every such contract and every deed conveying any such estate or term, and every deed of gift, or trust deed or mortgage conveying real estate, shall be void as to creditors and subsequent purchasers for valuable consideration without notice, until it is admitted for record in the county where the property is situated.

Any contract in writing made for the conveyance or sale of real estate is, from the time it is duly admitted to record, be, as against creditors and purchasers, as valid as if the contract were a deed conveying the estate or interest embraced in the contract.

Notwithstanding any such writing shall be duly admitted to record in one county where there is real estate, it shall nevertheless be void as to such creditors and purchasers in respect to other real estate, until it is duly admitted to record in the county where the other real estate is situated.

When two or more documents relating to the same property are admitted to record in the same day, the one which was admitted to record first will have priority in respect to the property in such county.

The words "creditors" and "purchasers" are not restricted to the protection of, and purchasers from, the grantor, but shall extend to embrace all creditors and purchasers who, but for the deed in writing, would have had title to the property conveyed or a right to subject it to their debts.

I. Conditions which must be met to record an instrument:

* A document must be signed by the grantor and acknowledged by the grantor, or proved by two witnesses before the clerk of the county court.

* Any contract, deed, deed of trust, or any instrument which secures payment of a debt, must set forth at the time of execution and delivery thereof, the name and address of the beneficial owner of the debt secured by the instrument.

* At the end of the instrument, provide the name of the person who prepared the document. The name should be printed, typewritten, or stamped in a legible manner. An instrument will be in compliance with this if it states "This instrument was prepared by (name)."

* A survey document that is intended to be used in the transfer of real property, prepared by a licensed surveyor and filed with a county clerk should have the licensed surveyor's signature and seal or stamp affixed thereto.

* Use white 8.5 x 11 inch paper and a legible font. Originals or certified copies may be recorded. Printing should be single-sided only. A page that contains double-sided printing will be charged as two pages.

* Provide a legal description of the real property.

* The grantee's name and address should be provided in an instrument of conveyance.