West Virginia Deed Granting Right of Way

State:
Multi-State
Control #:
US-0240BG
Format:
Word; 
Rich Text
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Description

This form is a deed granting right of way. In the context of property law, a right of way is the right to travel over someone's land and to have the reasonable use and enjoyment of their property as long as it is not inconsistent with the owner's use and enjoyment of the land. The right of way may be a specific grant of land or an "easement," which is a right to pass across another's land. Some rights of way are for a specific use such as repair of telephone lines.

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FAQ

The current owner transferring property must sign a West Virginia deed. The county clerk cannot record an unsigned deed. An agent acting under power of attorney can sign a deed on the owner's behalf if the owner has signed a power-of-attorney agreement giving the agent authority.

What Is a West Virginia Quitclaim Deed? West Virginia real estate owners can transfer ownership by signing and recording a deed. 1. A quitclaim deed is a specific deed form that transfers whatever claim or interest the signer has in the property without guaranteeing the property's title is clear or valid.

West Virginia levies a deed transfer tax (often referred to as an excise tax) on real property. The tax is $1.10 per $1,000. Each county has the authority to establish its own excise tax rate, which the majority do. West Virginia does not have a mortgage tax.

The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on said highway.

If you wish to remove someone from a deed, you will need their consent. This can be done by recording a new deed, which will require their signature. If the person in question is deceased, you will need their death certificate and a notarized affidavit along with the new deed.

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.

A thirty (30) foot right-of-way is required.

Creation of Easements in WV West Virginia law recognizes that easements may be created in several ways. Express Easements ? Express easements are created by the execution of a written agreement which sets forth the location, dimensions, and scope of the easement.

More info

Sep 20, 2021 — In West Virginia (WV), an easement may give permission for utilities to run underground, give rights for mineral extraction, or more. West Virginia law defines “market value” as the price a willing buyer would pay a willing seller, neither acting under compulsion nor duress, both exercising ...An easement deed can be created to allow one person the right to use another's land for a specific purpose. An easement is a non-possessory interest in land ... Easement and right-of-way; description of property; exception for certain public utility facilities and mineral leases. (a) Any deed or instrument that ... Mar 17, 2023 — Granting clause. A West Virginia deed must include a granting clause saying that the current owner intends to transfer the property to the new ... In West Virginia (WV), an easement can grant utilities permission to operate underground, grant mineral extraction rights, or more. Understanding the impact of ... by JW Fisher II · 2010 — The general rule is that unless there is specific language in the grant of an easement to the contrary, the grantor of a right-of- way over farm land retains ... ... the Division, the terms of the deeds shall control. 3.4.d. Coal Tipples ... a complete structural analysis may be made by the Commissioner of the Division. Apr 19, 2010 — Put another way: “A way of necessity springs out of the deed at the date of the grant, and becomes appurtenant to the granted estate.” Id., 72 W ... Easement and right-of-way; description of property; exception for certain public utility facilities and mineral leases ... Welcome to FindLaw's Cases & Codes, a ...

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West Virginia Deed Granting Right of Way