A deed is an instrument by which an owner (the grantor) transfers an interest in land to a new owner (the grantee). No consideration is required to make the deed effective. The deed is necessary to transfer title to land even if it is a gift. It has no effect, and title does not pass until the deed has been delivered. The recording of the deed is not required to make the deed effective to pass title between the buyer and the seller. However, recording is necessary so that the public will know that the buyer is the present owner. Recording constitutes "notice to the world" of the transfer in title.
The grantor is the person selling the property. The grantee is the person buying the property. A grant deed is a deed containing an implied warranty that there are no encumbrances on the property not described in the deed and that the person transferring the property actually owns the title. It must describe the property by legal description of boundaries and/or parcel numbers, be signed by all people transferring the property, and be acknowledged before a notary public. It is in contrast to a quit claim deed, which only conveys the interest that the transferor actually owns, if any, without a warranty of ownership.
A West Virginia Grant Deed is a legal document used to transfer ownership of real property from one party to another in the state of West Virginia. It is commonly used when selling or purchasing property and provides assurance to the new owner that the title is clear and free from liens or encumbrances. The specific details included in a West Virginia Grant Deed may vary, but the essential information typically includes the names and addresses of both the granter (current property owner) and the grantee (new property owner), a legal description of the property, and the amount or consideration exchanged for the property. There are different types of deeds in West Virginia, each used for different purposes. Some commonly used variations of the Grant Deed in West Virginia include: 1. General Warranty Deed: This type of deed guarantees the grantee against any title defects or claims that may arise at any point in the property's history, even before the granter acquired it. It provides the highest level of protection for the buyer. 2. Special Warranty Deed: Similar to the General Warranty Deed, this type of deed offers a guarantee against title defects but only during the granter's ownership of the property. It does not cover any defects or claims that may have existed before the granter acquired the property. 3. Quitclaim Deed: A Quitclaim Deed is often used when transferring property between family members, in divorce cases, or to clear up any potential or disputed interests in the property. It offers the least protection to the grantee as it conveys whatever interest the granter possesses, without any warranties or guarantees. When executing a West Virginia Grant Deed, it is important to ensure that it complies with the state's legal requirements, including proper notarization and recording with the county clerk or recorder's office in the county where the property is located. It is highly recommended consulting with an attorney or a qualified real estate professional to draft, review, or handle the execution of the Grant Deed to ensure a smooth and legally valid transfer of property ownership.
