GENERAL WARRANTY DEED
(West Virginia – State-Law Governed)
[// GUIDANCE: This template is intentionally comprehensive and uses a “contract-style” architecture so it can double as (i) a statutory West Virginia deed suitable for county recording and (ii) a robust risk-allocation instrument. Delete any sections that are unnecessary for a simple conveyance after legal review.]
TABLE OF CONTENTS
- I Document Header
- II Definitions
- III Operative Provisions
- IV Representations & Warranties of Grantor
- V Covenants & Restrictions
- VI Default & Remedies
- VII Risk Allocation
- VIII Dispute Resolution
- IX General Provisions
- X Execution Block (Signatures & Notary Acknowledgment)
- XI Recording & Transfer-Tax Summary (Non-Operative)
I. DOCUMENT HEADER
Prepared By: ______
Return To: ______
State of West Virginia
County of [COUNTY]
This General Warranty Deed (“Deed”) is made as of [EFFECTIVE DATE] (“Effective Date”) by and between:
• [LEGAL NAME OF GRANTOR], a [ENTITY TYPE / INDIVIDUAL] having an address at [ADDRESS] (“Grantor”); and
• [LEGAL NAME OF GRANTEE], a [ENTITY TYPE / INDIVIDUAL] having an address at [ADDRESS] (“Grantee”).
For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor conveys and warrants to Grantee the real property described herein, together with all appurtenances thereto (collectively, the “Property”), subject only to Permitted Exceptions.
II. DEFINITIONS
“Consideration” means the sum of $[AMOUNT] and other valuable consideration paid by Grantee to Grantor.
“Effective Date” has the meaning given in Section I.
“Permitted Exceptions” means:
a. Taxes, assessments, and other governmental charges not yet due and payable;
b. Easements, restrictions, and rights-of-way of record as of the Effective Date; and
c. Matters that would be revealed by an accurate survey or physical inspection of the Property.
“Property” means the real property located in [COUNTY], West Virginia, more particularly described in Section III.B.
“Warranty Covenants” means the statutory covenants of general warranty set forth in W. Va. Code § 36-4-1 et seq., as further enlarged herein.
III. OPERATIVE PROVISIONS
A. Granting Clause
Grantor, for the Consideration and pursuant to W. Va. Code § 36-3-4, does hereby GRANT, BARGAIN, SELL, and CONVEY with GENERAL WARRANTY unto Grantee, and Grantee’s heirs, successors, and assigns forever, the Property, together with all improvements, hereditaments, and appurtenances thereunto belonging.
B. Legal Description
[INSERT metes-and-bounds description OR “See Exhibit A attached hereto and incorporated herein by reference.”]
C. Consideration & Tax Declaration
1. Consideration Paid: $[AMOUNT].
2. Transfer Tax: West Virginia real estate excise tax calculated at $1.10 per each $500.00 of Consideration (W. Va. Code § 11-22-2).
[// GUIDANCE: Affix documentary stamps or pay electronically per county clerk’s protocol.]
D. Conditions Precedent
Delivery of this Deed and payment of the excise tax constitute conditions precedent to recordability.
IV. REPRESENTATIONS & WARRANTIES OF GRANTOR
4.1 Title. Grantor is seized of an indefeasible fee simple estate in the Property.
4.2 Authority. Grantor has full power and lawful authority to execute and deliver this Deed.
4.3 No Conflicts. Execution, delivery, and performance do not violate any contract or governmental order binding on Grantor.
4.4 Environmental Matters. To Grantor’s Knowledge, no Hazardous Materials are presently located on, under, or about the Property in violation of applicable Law.
4.5 Survival. The representations and warranties in this Article IV survive delivery of this Deed and run with the land.
V. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants
a. Quiet Enjoyment. Grantor will warrant and defend the title against the lawful claims of all persons.
b. Further Assurances. Grantor will, upon reasonable request, execute additional instruments to perfect title in Grantee.
5.2 Negative Covenants
Grantor shall not convey, encumber, or otherwise dispose of any interest in the Property after the Effective Date.
VI. DEFAULT & REMEDIES
6.1 Breach. Any breach of the Warranty Covenants or Article IV constitutes an “Event of Default.”
6.2 Notice & Cure. Grantee shall provide written notice specifying the default; Grantor has 30 days to cure.
6.3 Remedies
a. Specific Performance or Quiet-Title Action (injunctive relief preserved).
b. Damages capped per Section VII.2.
c. Costs & Attorney Fees: The prevailing party is entitled to reasonable attorney fees and costs.
VII. RISK ALLOCATION
7.1 Indemnification – Warranty Covenants
Grantor shall indemnify, defend, and hold harmless Grantee from any Losses arising from breach of the Warranty Covenants, subject to Section VII.2.
7.2 Liability Cap
Grantor’s aggregate liability under this Deed will not exceed the Consideration actually paid.
7.3 Force Majeure
Performance deadlines are tolled for the duration of any event beyond a Party’s reasonable control that materially prevents performance.
VIII. DISPUTE RESOLUTION
8.1 Governing Law
This Deed is governed by the real property laws of the State of West Virginia, without regard to conflict-of-laws principles.
8.2 Forum Selection
Exclusive jurisdiction and venue lie in the courts of [COUNTY] County, West Virginia.
8.3 Arbitration & Jury Trial
Arbitration is expressly excluded. No jury-trial waiver is provided.
8.4 Injunctive Relief
Nothing herein limits either Party’s right to seek injunctive or declaratory relief (including but not limited to quiet-title actions).
IX. GENERAL PROVISIONS
9.1 Amendments. Must be in a writing signed by Grantor and Grantee and recorded where the Property is situated.
9.2 Assignment. Grantee may freely assign its interest; Grantor’s obligations run with the land and bind successors.
9.3 Severability. Invalid provisions are severed; the remainder remains enforceable.
9.4 Entire Agreement. This Deed constitutes the entire agreement concerning the Property and merges all prior discussions.
9.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts and by electronic signature in compliance with W. Va. Code § 39A-1-1 et seq.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned Grantor has executed this General Warranty Deed as of the Effective Date.
GRANTOR:
[NAME & TITLE, if entity]
STATE OF WEST VIRGINIA )
COUNTY OF ______ ) SS:
The foregoing instrument was acknowledged before me this ___ day of _, 20_, by _____ [name/title], as [capacity] of [Grantor], on behalf of said [individual/company].
Notary Public
My Commission Expires: ____
[Seal]
[// GUIDANCE: For entity Grantees, add acceptance signature block if customary in county; otherwise omit.]
XI. RECORDING & TRANSFER-TAX SUMMARY (Non-Operative)
A. Statutory Form Compliance
• Deed form complies with W. Va. Code §§ 36-3-4 & 36-4-2.
• Acknowledgment complies with W. Va. Code § 39-1-2.
B. County Clerk Check-List
1. Original (wet-ink) signatures or properly notarized electronic signatures.
2. Name of preparer and return address on first page.
3. Parcel ID / District-Map-Parcel-Section (per county tax records).
4. Documentary stamps affixed or exemption reference (§ 11-22-1 et seq.).
5. Consideration amount stated on face of deed or separate Sales Listing Form (if county requires).
C. Transfer Tax Calculation Example
Consideration = $150,000
Tax = $150,000 ÷ 500 × $1.10 = $330.00
[// GUIDANCE: Rates occasionally change; confirm current rate with county clerk before filing.]
END OF DOCUMENT