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In West Virginia, any person who has the legal right to own real property can convey such property by a deed in writing to another individual or corporation who has the legal capacity to receive such real property. All deeds must have a grantor and grantee.
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. Notarization.
After confirming your legal ownership with an attorney at law, you need to draw up a deed of transfer form in your name and register it with the county records office as the mineral owner. The land transaction, leasing transaction, and royalty compliance go through the county office.
Gifts of real property in West Virginia are, however, subject to the federal gift tax. The grantor is responsible for paying the federal gift tax; however, if the grantor does not pay the gift tax, the grantee will be held liable [1].
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 right of first refusal is exercised by an abutting landowner through his or her remittance of the price determined by the Division of Highways to be fair market value within 60 days of notification.
The Transfer Tax Fee is $5.50 for every $1,000.00 of the purchase price, or value of the property when the purchase price is not listed on the Deed. All Deeds recorded in West Virginia are subject to an Excise Tax (Transfer Tax Fee).
West Virginia Code §11-22-1, provides for exemptions to paying the Transfer Tax Fee. Deeds must specifically state the reason for exemption, otherwise, the Transfer Tax Fee will be charged. Every Deed recorded requires a completed Sales Listing Form to be attached. The Sales Listing Form can be found here.