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In West Virginia (WV), an easement can grant utilities permission to operate underground, grant mineral extraction rights, or more. Understanding the impact of WV easements and rights of way is critical to the success of a commercial real estate transaction.
West Virginia deeds must meet the following content requirements: Current owner and new owner names. ... Legal description of property. ... Preparer's name. ... Granting clause. ... Declaration of consideration or value. ... Statement of exemption.
Most real estate transactions must be in writing. The most common real estate written contracts are leases longer than one year, sale of interest in or deed of real property, and mortgage agreements. These contracts have other requirements based on applicable industry regulations.
Used when a landlord rents their property to a tenant for use. Land contract. The Seller agrees to allow the buyer to pay the purchase price over a period of time in installment amounts.
Declaration of Consideration of Value (This is the monetary amount for which the property is sold. If the property is being transferred without monetary value, it must state in the declaration paragraph 'why' it is exempt from transfer tax.)
West Virginia has legalized TOD deeds by enacting the WV Real Property Transfer on Death Act. Previously, a property owner would most likely have named a beneficiary by creating a life estate with a remainder interest, a more complicated option usually involving a property lawyer.
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.