Fayette County Special Warranty Deed Form (West Virginia)
All Fayette County specific forms and documents listed below are included in your immediate download package:
Special Warranty Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Fayette County compliant document last validated/updated 10/28/2024
Special Warranty Deed Guide
Line by line guide explaining every blank on the form.
Included Fayette County compliant document last validated/updated 9/13/2024
Completed Example of the Special Warranty Deed Document
Example of a properly completed form for reference.
Included Fayette County compliant document last validated/updated 11/5/2024
The following West Virginia and Fayette County supplemental forms are included as a courtesy with your order:
When using these Special Warranty Deed forms, the subject real estate must be physically located in Fayette County. The executed documents should then be recorded in the following office:
Fayette County Clerk's Office
100 Church St / PO Box 569, Fayetteville, West Virginia 25840-1256
Hours: 8:00 to 4:00 M-F
Phone: (304) 574-4226
Local jurisdictions located in Fayette County include:
- Alloy
- Ansted
- Boomer
- Cannelton
- Charlton Heights
- Danese
- Deep Water
- Dothan
- Edmond
- Fayetteville
- Gauley Bridge
- Glen Ferris
- Glen Jean
- Hico
- Hilltop
- Kanawha Falls
- Kimberly
- Kincaid
- Lansing
- Layland
- Lochgelly
- Lookout
- Meadow Bridge
- Minden
- Montgomery
- Mount Carbon
- Mount Hope
- Mount Olive
- Nallen
- Oak Hill
- Page
- Pax
- Powellton
- Prince
- Robson
- Scarbro
- Smithers
- Spring Dale
- Thurmond
- Victor
- Winona
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Fayette County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Fayette County using our eRecording service.
Are these forms guaranteed to be recordable in Fayette County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Fayette County including margin requirements, content requirements, font and font size requirements.
Can the Special Warranty Deed forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Fayette County that you need to transfer you would only need to order our forms once for all of your properties in Fayette County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by West Virginia or Fayette County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Fayette County Special Warranty Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Special warranty deeds are commonly used to convey real property in West Virginia. A statutory form for conveying real property is codified at West Virginia Code Section 36-3-5. When a deed contains words of special warranty under Section 36-4-3, the grantor promises to warrant and defend the property for the grantee against the claims and demands of the grantor and all persons claiming by, through, or under the grantor.
The warranty is limited to the time the grantor held title and does not guarantee the quality of the title past the grantor's ownership. Therefore, a special warranty deed offers less protection for the buyer than a general warranty deed.
In addition to the covenant of warranty, a special warranty deed can include additional statutory covenants under W. Va. Code Chapter 36, Article 4, including right to convey, quiet possession, a special covenant against encumbrances, and a covenant of further assurances.
To be valid and to provide a quality public record, both the grantor and grantee must be named in the section of the deed that details the words and terms of conveyance (conveyancing clause). In addition, the property must be able to be identified by inclusion of a legal description, including the district in which the parcel is located.
The granting party must sign the deed in the presence of a notary public. 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.
A special warranty deed in this state is void as to creditors and subsequent purchasers for valuable consideration without notice until it is recorded in the county where the property is located (W. Va. Code 40-1-9). To record a special warranty deed with a county clerk in West Virginia, the instrument must meet state and county requirements of form and content for documents pertaining to an interest in real property. All recorded deeds must be accompanied by a Sales Listing Form.
Deeds recorded in West Virginia are subject to a transfer tax based on the purchase price (consideration) listed on the deed, or, if no consideration is listed, the fair market value of the property. For deeds having no consideration, a Declaration of Consideration or Value is required.
If the grantor is not a West Virginia resident, tax withholding pursuant to W. Va. Code Section 11-21-71b is also required.
Consult a lawyer with questions about special warranty deeds or for any other issues related to transferring real property in West Virginia.
(West Virginia SWD Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Fayette County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Fayette County Special Warranty Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
4.8 out of 5 - ( 4434 Reviews )
James S.
November 21st, 2024
Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.
Thanks for the kind words James, glad we could help. Look forward to seeing you again.
Thomas G.
November 21st, 2024
Wasn’t what I expected
Sorry to hear that your expectations were missed. Your order has been canceled. We do hope that you find something more suitable to your expectations elsewhere. Do keep in mind that purchasing legal forms should not be an exploratory endeavor.
Jimmy P.
November 20th, 2024
They sent me everything I would need to do this. Easy purchase -Easy download. Great!! I'll be back here for all my document needs.
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janice b.
April 29th, 2021
This is a very helpful site when you don't know exactly what to do. Very clear in explaining the wording on deeds. Thank you it made a big difference knowing the right way to do things.
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Kenneth K.
October 8th, 2019
It was fast and easy to use.
Thank you!
Sherry G.
November 21st, 2020
This site was perfect in a time when travel is almost impossible. They asked a few questions to make sure everything would work out and once submitted took less than 24 hours. Less than 48 hours total time. Absolutely would use them again to submit documents even once can travel again!
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Kellie Z.
December 4th, 2020
Wow! So much simpler & faster than I had expected. I had thought it would take weeks to get filed & took days- yea! Super easy & speedy!
Thank you!
Brandi P.
December 9th, 2020
The service itself is great, but the deed sample I ordered wasn't as accurate as I'd hoped. I needed to correct and resubmit. Not a huge deal, but a bit of an inconvenience.
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Niranjan C.
August 24th, 2021
Whole process was very easy and quick. Forms were easy to fill, examples were quite appropriate. Recommended.
Thank you!
Anna C.
February 9th, 2021
It was more detailed than the forms on other website, plus cheaper. I do not have date it was recorded in 2000 but did have date of warranty deed. Will that be ok with Recorder? Also did not want to date it today till I know when and where the Recorders office is located.
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Terriana H.
December 12th, 2020
Order processed and fulfilled in the same day!
Thank you!
John W.
September 30th, 2020
You charge too much for a form. Your business model is shortsighted. I would not try to use your service again. You got $20 from me this once, but I would try very hard to not use your service again. Your model does not encourage serial or professional usage.
Thank you for your feedback John. We do wish that you had decided our product was too expensive prior to purchasing and using so that there was no remorse. Have a wonderful day.
Rhonda L.
May 27th, 2020
This was one of the most simple but efficient process. Walked me thru every step. Total process was less than 2 weeks.
Thank you!
Melody S.
February 11th, 2021
Although I was given quite a bit of information, I wanted my property title. I was not informed of what I would receive before I paid for this service.
Thank you!
John Q.
June 26th, 2020
I downloaded the forms, which was very easy, and filled them out with the help of the very helpful instructions! I was able to go down to my court house and file the forms within 24 hours of downloading! I am at peace knowing my son's will avoid a lot of headaches when I pass because my property deed will transfer to them without probate court TOD !!!!
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