Special Warranty Deed

SPECIAL WARRANTY DEED

State of West Virginia

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

DECLARATION OF CONSIDERATION OR VALUE (Required)

This declaration is made pursuant to West Virginia law for the purpose of determining excise tax:

I/We declare that:

☐ The actual consideration paid for this property is: $_______________

☐ The fair market value of this property is: $_______________ (if no monetary consideration)

Reason for no monetary consideration (if applicable):
_____________________________________________

Excise Tax Due ($1.65 per $500 minimum, varies by county): $_______________

☐ This transfer is EXEMPT from excise tax pursuant to W. Va. Code 11-22-1 because:
☐ Quitclaim or corrective deed without consideration
☐ Transfer to or from the United States, State of West Virginia, or political subdivisions by gift, dedication, deed, or condemnation
☐ Mortgage or deed of trust given as security for debt
☐ Transfer under decree of divorce, annulment, or separate maintenance agreement (W. Va. Code 48-2-32)
☐ Other: _____________________________________________

_____________________________________________
Signature of Declarant

SPECIAL WARRANTY DEED

THIS SPECIAL WARRANTY DEED is made this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Residency Status:
☐ Resident of West Virginia
☐ Non-resident of West Virginia (withholding may apply per W. Va. Code 11-21-71b)

Marital Status:
☐ A single person
☐ A married person (spouse must sign due to marital rights)
☐ Husband and wife
☐ An unmarried person
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

Section 1.2 Grantee(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ A married person dealing with his/her sole and separate property
☐ Husband and wife, as joint tenants with right of survivorship
☐ Husband and wife, as tenants by the entirety
☐ Husband and wife, as tenants in common
☐ An unmarried person
☐ As joint tenants with right of survivorship, and not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

ARTICLE II: CONVEYANCE

Section 2.1 Granting Clause

For and in consideration of the sum of $_____________________ (____________________ Dollars) cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby GRANT AND CONVEY WITH SPECIAL WARRANTY unto Grantee, and Grantee's heirs and assigns forever, all that certain lot or parcel of land, together with any improvements thereon, situate in the District of _________________, County of _________________, State of West Virginia, and more particularly bounded and described as follows:

Section 2.2 Legal Description

See Exhibit "A" attached hereto and incorporated herein by reference.

Section 2.3 "And Being" Paragraph (Required for Chain of Title)

AND BEING the same property conveyed to Grantor by deed of _________________________ dated _________________, 20_____, and recorded in the Office of the Clerk of the County Commission of _________________ County, West Virginia, in Deed Book _______, at Page _______.

also known by street and number as: _____________________________________________

Tax Map _______, Parcel _______

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Special Warranty (Per W. Va. Code 36-4-3)

Pursuant to West Virginia Code Section 36-4-3, the covenant "with special warranty" or "that he will warrant specially the property hereby conveyed" has the same effect as if the Grantor covenanted to FOREVER WARRANT AND DEFEND the property against the claims and demands of the Grantor and all persons claiming by, through, or under the Grantor.

Section 3.2 Effect of Special Warranty Language

By including the "with special warranty" language, Grantor covenants that:

(a) Grantor has not done or suffered any act by which the property has been or may be encumbered during Grantor's period of ownership;

(b) Grantor will warrant and defend the title against all persons claiming under the Grantor;

(c) This warranty does NOT extend to claims arising prior to Grantor's ownership or from persons not claiming under the Grantor.

Section 3.3 Limitation of Warranty

NOTICE: This is a SPECIAL WARRANTY DEED. The warranties contained herein are LIMITED to claims arising by, through, or under the Grantor. This deed does NOT contain full warranty covenants. The Grantor does NOT warrant against defects, liens, encumbrances, or claims arising prior to Grantor's ownership of the property or from sources other than the Grantor.

Section 3.4 Statutory References

This conveyance is made pursuant to and in accordance with:

• W. Va. Code 36-4-3 (Special warranty defined)
• W. Va. Code 40-1-9 (Recording requirements)
• W. Va. Code 11-22-1 (Excise tax on real property transfers)
• W. Va. Code 48-2-32 (Transfers incident to divorce)
• W. Va. Code 11-21-71b (Nonresident withholding)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made subject to:

(a) General taxes and assessments for the year 20_____ and subsequent years, not yet due and payable;

(b) All applicable zoning, building codes, and governmental regulations;

(c) All covenants, conditions, restrictions, reservations, rights-of-way, and easements of record;

(d) All matters disclosed by an accurate survey and physical inspection of the property;

(e) Rights of parties in possession;

(f) Any rights reserved in prior instruments of record in coal, oil, gas, and other minerals;

(g) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: ADDITIONAL PROVISIONS

Section 5.1 Spousal Signature Requirement

Property owned by a married person requires the spouse's signature because of potential marital rights, regardless of whether the spouse holds a direct interest in the property.

☐ Grantor is unmarried
☐ Spouse joins in this conveyance below

Section 5.2 Sales Listing Form

☐ Sales Listing Form is attached as required.

Section 5.3 Nonresident Withholding (W. Va. Code 11-21-71b)

If Grantor is not a West Virginia resident:

☐ Grantor is a West Virginia resident - no withholding required
☐ Grantor is a non-resident - withholding is required per W. Va. Code 11-21-71b

Section 5.4 Trustee Requirement

All Deeds of Trust securing this property (if any) must have a Trustee in West Virginia.

ARTICLE VI: EXECUTION

Section 6.1 Grantor's Signature

IN WITNESS WHEREOF, the Grantor(s) have executed this Special Warranty Deed on the date first written above.

GRANTOR(S):

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

_____________________________________________
Signature (Spouse, if applicable)

_____________________________________________
Printed Name (Spouse)

Date: _____________________________________________

ARTICLE VII: ACKNOWLEDGMENT

Section 7.1 West Virginia Acknowledgment (Individual)

STATE OF WEST VIRGINIA
COUNTY OF _________________, to-wit:

I, _________________________, a Notary Public in and for the State and County aforesaid, do hereby certify that _____________________________________________, whose name(s) is/are signed to the foregoing writing bearing date on the _____ day of _________________, 20_____, has/have this day acknowledged the same before me in my said County.

Given under my hand this _____ day of _________________, 20_____.

My commission expires: _____________________________________________

_____________________________________________
Notary Public

[NOTARIAL SEAL]

Section 7.2 West Virginia Acknowledgment (Entity)

STATE OF WEST VIRGINIA
COUNTY OF _________________, to-wit:

I, _________________________, a Notary Public in and for the State and County aforesaid, do hereby certify that _________________________, the _________________________ [title] of _________________________ [entity name], whose name is signed to the foregoing writing bearing date on the _____ day of _________________, 20_____, has this day in my said County, acknowledged the same on behalf of said entity.

Given under my hand this _____ day of _________________, 20_____.

My commission expires: _____________________________________________

_____________________________________________
Notary Public

[NOTARIAL SEAL]

Section 7.3 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

I, _________________________, a Notary Public in and for the State and County aforesaid, do hereby certify that:

_____________________________________________

whose name(s) is/are signed to the foregoing writing, has/have this day acknowledged the same before me.

Given under my hand this _____ day of _________________, 20_____.

My commission expires: _____________________________________________

_____________________________________________
Notary Public

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

District of _________________, County of _________________, State of West Virginia

Tax Map _______, Parcel _______

WEST VIRGINIA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees

Excise Tax (Transfer Tax) - W. Va. Code 11-22-1

Note: West Virginia's excise tax is paid to the county clerk when recording. The exact rate varies by county as counties may impose additional surcharges.

Excise Tax Exemptions (W. Va. Code 11-22-1)

Documents NOT subject to transfer tax include:

• Quitclaim or corrective deeds without consideration
• Transfers to/from United States, State of West Virginia, or political subdivisions by gift, dedication, deed, or condemnation
• Mortgages or deeds of trust given as security for debt
• Transfers under decree of divorce, annulment, or separate maintenance (W. Va. Code 48-2-32)

If exempt, state the reason in the Declaration of Consideration or Value paragraph.

Required Accompanying Documents

1. Sales Listing Form - Required with all recorded deeds
2. Declaration of Consideration or Value - On face of deed or at end
3. Excise Tax Payment - Unless exempt

Spousal Signature Requirements

Property owned by a married person requires the spouse's signature due to potential marital rights, regardless of whether the spouse holds direct interest in the property.

Important Legal Notes

1. Recording Priority: A deed is void as to creditors and subsequent purchasers for valuable consideration without notice until recorded in the county where the property is located (W. Va. Code 40-1-9).

2. Chain of Title: The "And Being" paragraph (prior deed reference) is required to maintain chain of title.

3. District Identification: Legal descriptions must include the district within the county.

4. Mineral Rights: West Virginia has extensive mineral rights considerations. Review prior instruments for reserved mineral interests.

5. Trustee Requirement: Deeds of Trust must have a trustee who is a West Virginia resident or entity.

6. Title Insurance: Grantees should consider obtaining title insurance, especially given the limited warranty nature of this deed.

7. Legal Counsel: Consultation with a licensed West Virginia attorney is recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed West Virginia attorney before using this form.