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Each of West Virginia's counties has an elected clerk of the county commission?commonly called the county clerk?who maintains the county land records. A person who wants to record a deed files the deed for recording with the county clerk for the county where the real estate is located.
A full covenant and warranty deed is the strongest and broadest form of guarantee of title. As such, it includes several covenants. Which of these covenants are included in the warranty deed?
Quitclaim Deed There are no covenants or warranties by the grantor and this deed offers the lowest amount of protection to the grantee. This type of deed is also frequently used in transfers between family members and related transactions.
General Warranty Deed It offers the highest level of protection to the buyer because it guarantees that there are absolutely no problems with the home ? even dating back to prior property owners. This quality of coverage is why most lenders will require you to get a general warranty deed when buying your house.
Code, §§ 40-1-9, 39-1-2) ? A property's deed must be filed in the County Court Clerk's Office in the jurisdiction where the real estate is located. Signing (W. Va. Code, § 39-1-2) ? All deeds are required to be signed with two (2) witnesses or a Notary Public present.
What Is the Strongest Type of Deed? For real estate buyers, a general warranty deed provides greater protection than any other type of deed. While it's the best deed for the grantee, it gives the grantor the most liability.
General warranty deeds give the grantee the most protection, special warranty deeds give the grantee more limited protection, and a quitclaim deed gives the grantee the least protection under the law.
Locate your own West Virginia recorded deeds, plats, and more filed with your county clerk or your property filed by your sheriff's tax office. Counties listed are those counties relative to West Virginia. WVOHOA Members have provided these important online database search links.