West Virginia Property Records
![Property Records in West Virginia](/img/states/westvirginia/property_records_01.jpg)
West Virginia's leading industry is tourism. The state entered the Union on June 20, 1863, when President Abraham Lincoln signed a proclamation. This mountainous state is proud to have the longest steel arch bridge, the New River Gorge Bridge, stretching over 1,700 feet! West Virginia also has the largest natural cave, Organ Cave, where tourists visit to marvel at the geological wonders. More than 1,770 million people call West Virginia home, and the state has 893,778 housing units, producing many property records.
Property records are created by local government offices, the courts, attorneys, appraisers, tax and building officials, title companies, realtors, insurance agents, and private companies. They are essential to homeowners as they transfer ownership, verify title, and perform other property-related functions.
What Are Property Records in West Virginia?
West Virginia property records are official legal documents that contain vast information about real property and its owners. Many industries use them daily. Some records perform functions like transferring ownership or providing a license to renovate; others, like an appraisal or tax bill, are informational only.
Property History Search Can Include
A property history search will reveal many details about the property and its owners. Some records contain a lot of information, and others less. However, you can see the whole story if you obtain all of them.
Some of the things that a property history search may reveal include:
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Property Address
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Detailed Legal Property Description
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Current Owner's Name and Address
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Historical Owners
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Property Inspections
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Appraisals / Property Value
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Deeds
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Liens
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Tax Records
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Mortgage Records
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Bankruptcies
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Foreclosures
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Plat Maps
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Surveys
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Easements / Conveyances
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Property Details
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Lot Size
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Zoning
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Boundary Lines
Sources of Property Records in West Virginia
Life would be much easier if all property records were stored in the same place. However, they are not; they are spread among many different offices, agencies, and companies. If you buy a house in West Virginia, you will file the deed with the county court clerk's office. Deeds must be witnessed (2 people) and notarized to be official.
Unlike most states, property taxes and bills are issued through the County Sheriff in West Virginia. Local County Tax Assessors set tax rates, and if you have an issue, you must take it up with the county Tax Commissioner. The West Virginia Tax Division oversees these local tax officials.
If you want to build something new, renovate an existing structure, or demolish a building, you need a building permit. You can apply for one with the county office in charge of buildings. This varies by county. Use this list to find the correct office to submit your application before starting the work.
How are Land Records Different from Property Records?
In West Virginia, land and property records are considered the same thing. However, as they grow, they can become overwhelming, so the state moves some of the older records to archives. Many older property records reside only on microfilm. You can access these records through the Library of Virginia. They have deeds, wills, court papers, marriage bonds, and slave records dating back to 1863.
The Role of the County Court Clerk's Office
![The Role of the County Court Clerk's Office](img/states/westvirginia/property_records_02.jpg)
County court clerks are elected officials. They file and record records, collect fees, and provide public records upon request. Berkley County outlines the various duties of the county court clerk's office.
How Property Records are Maintained in West Virginia
The West Virginia courts have a system for maintaining records to ensure consistency across all counties. For example, when a new deed or other property record arrives, they stamp it with the date, time, and a numeric code to keep all records organized. That record immediately becomes a public record.
Accessing Records at the County Court Clerk's Office in West Virginia
Many courts put these records online so the public can access them. However, if you need records from a county that doesn't put them online, you can always visit in person during regular business hours to ask for them. Here are a few of the county websites to help get you started.
County Court Clerk's Office Locations in West Virginia
To help you find the right county court clerk's office, use this handy map and click on the area that you need to access.
Types of Property Records
When performing a property history search, you will encounter various types of property records, each with its own function. Different sources and events generate these records. Most often, real estate sales prompt new property records.
Deeds and Conveyance Records
Deeds are very common property records that transfer ownership and verify title. They are recorded by the West Virginia local county court clerk, and they are public records. If you need to verify the ownership of the property, a deed will suffice.
All parties must sign deeds, and a notary must witness them. Some of the information contained in deeds includes:
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Name of the Seller/Grantor and Buyer/Grantee.
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A detailed description of the property.
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Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
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Conveyance language explaining the ownership transfer from one person or entity to another.
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Notarization and execution are at the bottom, where everyone signs to make it legal.
Much of the language contained in deeds refers to the warranty implied or specified and the conveyance of the land from one or more parties to another.
Property Tax Records
Everyone who owns property in West Virginia must pay annual property taxes. These taxes pay for things like schools, road maintenance, local government salaries, and emergency services. The local county tax assessor sets tax rates for the area. West Virginia has the 10th lowest property taxes in the county, with an average effective property tax rate of 0.55%. Homeowners pay an average of $1,682 per year.
The local county sheriff issues tax bills and collects payments. If you fail to pay your annual taxes, they will also impose a tax lien on the property and eventually foreclose and sell it at auction.
Some of the information in a standard tax record in West Virginia includes:
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Exemptions - The document will outline the exemptions that the property falls under. These are tax reliefs that may reduce the owed taxes.
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Tax Rates - The record will show the various tax rates applying to the property and the resulting taxes. Each jurisdiction has different tax rates.
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Property Details - The document should provide details about the property for correctness and validity.
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Taxpayer Details - The statement must name the taxpayer and provide details such as address or phone number.
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Tax Calculations - The record may show a breakdown of the tax calculations.
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Approved Payment Methods - The statement will include how owners can contribute towards their taxes.
How Often is Property Tax in West Virginia Assessed?
Easements and Covenants
Easements and covenants are also essential to property records. They accompany deeds so that the new owner understands precisely what they are getting into.
Easements are rights of way that allow someone other than the owner to access the property for a specific purpose. If the town builds a road on private property, it can access it without asking first. Any new owners must abide by this grandfathered rule.
Covenants are rules about how owners can use the property. They are common with condos and gated communities. An example might be that no lawn decorations are allowed. When buying a property with covenants, the new owner must agree to the terms or face consequences.
Plats and Surveys
Plats and surveys are types of maps. They differ in that plats contain the boundaries of all neighboring properties, and surveys have only the boundaries of the target property.
A copy of the survey may be under the County Clerk containing the following information:
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Boundaries - The document may describe the property's boundaries by length and angle.
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Property Description - Surveys often contain a full legal description of the land.
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Property Owner - The record will likely include the landowner's name.
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Topographic Features - The document may show the presence of topographic features.
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Encroachments - The record will note any improvements or features going into or out of the property.
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Improvements - The study makes a note of all the improvements on the land.
Historical Property Records
Property records grow over time and can become unmanageable. When this happens, states like West Virginia move older records to archives and keep current ones on hand. The West Virginia and Regional History Center has historical property records dating back to the early 1800s.
Building Permits and Regulations in West Virginia
Building permits are handled at the county level. Each county has a different department that handles applications. The West Virginia Home Builders Association created this list to help you locate the building permit application office that you need.
How Can I Search for Property Records?
![How Can I Search for Property Records?](img/states/westvirginia/property_records_03.jpg)
Modern technology has made searching for property records much easier. You have plenty of options. Depending on the records you need, use the methods below to see what works.
Online Property Record Search
Start your search with a basic online property record search. Enter the property address into the search bar of your favorite search engine and see what comes up. Chances are you will have to take things further to find what you need.
In-Person Property Record Search
If you need certified copies of records, the best place to go is the county court clerk's office. You can request them by paying a small fee per page and visiting during regular business hours.
Using Property Record Indexes
During your search, you may encounter dozens of property record indexes. When using these resources, remember that they don't always keep their records updated, so they may not be correct. Verify everything you learn there.
Utilizing Commercial Services
Your best option is to use a commercial service like PropertyChecker, which allows you to access millions of nationwide property records in seconds. Rather than consulting multiple agencies, you can find everything you need in one place.
How to Search Property Records by Address
The best way to search is by property address. Enter the full address into a search engine, including city, state, and zip code. You should find what you need quickly.
How to Search Property Records by Name
Sometimes, you can find property records by searching the owner's name. However, this method is not foolproof. You may see an older owner instead of the current one.
Understanding Property Ownership in West Virginia
Owning your own land is a big deal in West Virginia. As a proud homeowner, you must pay your mortgage, insurance, and taxes on time. You must also maintain the property well to retain the value. As the homeowner, your name and address will appear in public property records.
Identifying Property Owners
There are various scenarios where you need to find the owner of a specific property. Thankfully, you can do so easily. Contact the county court clerk's office and ask for the most recent deed, which will tell you who owns it and where they live.
Chain of Title
The chain of title refers to the entire list of people who ever owned a property. The list goes back to the first owner and is documented through public deeds with the county court clerk's office.
Ownership History and Transfers
Property doesn't just change hands through real estate sales. Often, someone will leave a property to another person in their will or gift it to them while they are still alive. Occasionally, someone will sign the deed to their house over to a creditor to pay off a debt.
Property Descriptions and Boundaries in West Virginia
Did you know that each piece of real property has its own legal property description? These descriptions have map coordinates and a detailed description, including natural landmarks, making them easy to find.
Surveys and Land Measurements
Surveys are a process of land measurement. They are used to define the exact coordinates and boundaries of a piece of real property. They are used before building new homes, installing underground utilities, and in boundary disputes.
Boundary Disputes and Resolutions
Boundary disputes erupt when one party believes another is encroaching on their land. These arguments are common and often end up in court, where a judge must decide the outcome. The courts usually rely on professional surveyors to provide testimony and determine the exact boundaries to settle disputes.
Liens, Encumbrances, and Property Records in West Virginia
Encumbrances like liens can damage a property and its owner's reputation. Too many liens indicate serious financial problems. There are two main types of liens: voluntary and involuntary.
Voluntary Liens
When you use your home as collateral to secure a loan, you can choose voluntary liens. An example would be a mortgage, home equity loan, or other legally binding agreement that uses your home as collateral. Even though these are voluntary loans, you can still lose your home if you default on the loan.
Mortgage Liens
Mortgage liens are extremely common. Anyone who borrows money to buy a house will have one. The key is to stay current with payments. Otherwise, the lender can foreclose and sell your property to get their money back.
Mortgages are recorded with the County Clerks containing information such as:
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Names and Addresses -The identification and addresses of the borrower (mortgagor) and the lender (mortgagee).
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Property Description - A detailed description of the property used as collateral for the loan. It includes the property's address, legal description, and parcel number.
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Loan Details - The loan amount, interest rate, and the terms and conditions of repayment, including the payment schedule.
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Mortgage Terms - Specific provisions related to the mortgage, such as whether it's a fixed-rate or adjustable-rate mortgage and any prepayment penalties.
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Signatures - Signatures of both the borrower and the lender, and notarization if required by law.
Involuntary Liens
You do not choose involuntary liens; they are imposed upon your property against your will for a debt you owe. These usually end up in foreclosure and lead to the loss of your home.
Mechanic's Liens
A mechanic's lien is a tool contractors, laborers, and material suppliers use to get paid if they work for you and you refuse to pay them. They first impose the lien and then must sue you in court to enforce it. If they win, they can foreclose, sell your house, and will be paid from the proceeds.
Tax Liens
If you fail to pay your annual property taxes on time, the county can impose a tax lien on your property. These are very serious because, within a short amount of time, if you do not pay, they will foreclose and sell your house at auction well below the fair market value.
Judgment Liens
Creditors use judgment liens the way contractors use mechanic's liens. They file for the lien, and then if payment cannot be worked out, they will sue you in court for the right to foreclose and sell your house.
The Process of Property Liens in West Virginia
Since West Virginia observes different liens, putting one on a property differs depending on the type. The most commonly filed lien is the mechanic's lien. Contractors and similar parties may use the following process when filing a mechanic's lien in West Virginia:
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West Virginia does not require individuals to send preliminary notices before filing the form. However, they may send notice before work to further secure their rights. In addition, individuals should note that only parties within the first three tiers of the project have lien rights in the state.
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Filling out the lien form is vital to ensuring validity. The state requires individuals to provide important information such as their details, the property owner's details, a description of the property, details of the work, materials or services, and dates of the work or supply. Individuals may attach a copy of their contracts, licenses, and other related documents to secure their rights further.
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The deadline for filing a mechanic's lien in West Virginia is 100 days after the individual last provides labor or supplies. Individuals record the lien with the County Clerk, paying their specified fees. Depending on the office, recording may be done in person, online, or through mail.
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After recording, the individual must notify the owner or agent of the lien's existence. The notice must be served within the same 100 days of filing. Giving notice is not required for some parties but helps secure lien rights. After notice, the lienholder has six months to enforce the lien. They may also release it if the property owner pays the debt or the parties come to an agreement.
Property Records and Real Estate Transactions in West Virginia
![Property Records and Real Estate Transactions in West Virginia](img/states/westvirginia/property_records_04.jpg)
Property records are most prevalent during real estate sales. Before the sale, the seller, buyer, realtor, and title company can use property records to gather all the pertinent information. Records, such as appraisals, insurance binders, deeds, etc., will be created and recorded during the process.
Buying Property: Due Diligence
When buying property in West Virginia, do your due diligence by collecting as much information as possible to know what you are getting. Check the values of nearby homes, the taxes, and insurance, and look for any red flags like liens or foreclosures.
Selling Property: Providing Disclosure
When selling property in West Virginia, sellers must disclose any material defects they are aware of, like a leaky roof or a crumbling foundation. If there are gaps in your knowledge, you can consult property records to fill in the blanks.
Title Searches and Insurance
If you borrow money to buy the house, your lender will require title insurance. This insurance protects both of you against any legal claims of title on the property after the sale. Before closing, your title company or attorney will perform a property title search to look for issues.
Foreclosure and Property Records in West Virginia
When a home is in foreclosure, that will appear in property records. Foreclosure homes will be valued less than fair market value and can be complicated to sell. Many buyers won't want to deal with the hassles.
Pre-Foreclosures in West Virginia
Pre-foreclosure homes have yet to be sold at auction, and they are still in the process of reclamation. This is an ideal time for investors to buy homes cheaply and sell them for profit. These pre-foreclosures will appear in property records as well.
When was the House Built?
If you want to find out when a particular house was built, you can easily find it. Contact the local county court clerk's office and ask them for a copy of the oldest building permit. That will tell you who first owned it and when it was built.
Property Records and Property Values
When reviewing property records, you will see property values. The average price of a home in West Virginia is $167,862. However, these values can change quickly based on the economy, interest rates, and the local real estate market. Property values appear in appraisals, assessments, insurance records, and mortgages. Realty websites often show a property's current fair market value (FMV).
Assessments and Appraisals
County tax assessors use assessments to determine the value of each property within the county and set tax rates so everyone pays their fair share. These assessments do not necessarily match the fair market value of a property.
Appraisers use state-approved methods to derive property values for mortgage, loan, or estate planning purposes. They base their findings on the fair market value by comparing similar homes that have recently sold in the area.
Factors that Determine Property Values in West Virginia
The following factors may influence property values in West Virginia:
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Natural Resources - The state has abundant natural resources, such as coal, natural gas, and timber. Accessibility of these resources can impact property values, making them higher due to growth potential.
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Educational Institutions - Proximity to high-quality schools and universities can be a critical factor for families and thus increase property values. Morgantown may be an example of this.
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Appalachian Landscape - West Virginia's scenic beauty, mountainous terrain, and access to outdoor recreational activities can attract buyers looking for second homes, vacation properties, or retirement destinations, thus influencing property values in these areas.
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Local Amenities - The availability of recreational facilities, parks, shopping centers, restaurants, and cultural attractions can contribute to the overall appeal of a neighborhood or city, thus affecting property values.
Privacy and Property Records
![Privacy and Property Records](img/states/westvirginia/property_records_05.jpg)
Public records are open to anyone, anytime. Your information will appear in some property records when you buy property. For a real estate transaction to be legal, it must be recorded with the county court clerk in West Virginia. Therefore, there can be no private sales of property.
Accessing Public Property Records
You can access public property records through the county clerk's office by visiting and requesting copies. You will have to pay a fee for copies. You can also try to find them online through the court website.
Why are Property Records Public?
Property records are public for two main reasons. First, they preserve the public chain of title, showing the entire list of everyone who has ever owned the property. Second, it prevents a government entity from gaining too much power over the people.
How Do I Protect My Personal Information in Property Records?
Although you cannot remove all your information from public property records, you can minimize your exposure to identity theft and fraud by contacting the county clerk and other agencies that have your records and asking them to remove anything other than your name and address.
Maintaining and Amending Property Records
It's your responsibility to maintain your own property records. The agency that holds them won't do it automatically. You must be proactive and regularly examine them for any errors or inaccuracies.
Correcting Errors on Property Records
Humans create property records, and they make mistakes. If you find any errors on your records, contact the county court clerk or other agency and ask them to fix them. You may need to supply documentation to prove the error.
Amending Property Records for Legal Changes
You should also update property records when someone dies. To do this, bring the death certificate, will, and the person named as the beneficiary to the county court clerk's office, and they will draft a new deed with the new owner's name.
How to Change the Name on Property Records in West Virginia
If you get married or divorced, you should also change the name on your property records. Bring your marriage or divorce certificate to the court clerk and ask them to update the records. They will draft a new deed with the new name(s).
What Should I Consider When Buying a Property Using Property Records?
Before buying property in West Virginia, you should always consider a few essential things. Check out the taxes, insurance, and value, and look for any liens, foreclosures, and building permits to see if the house was updated. If you use PropertyChecker as your source for millions of nationwide property records, you can find everything you need in one place.
West Virginia County Property Records
- Barbour County
- Berkeley County
- Boone County
- Braxton County
- Brooke County
- Cabell County
- Calhoun County
- Clay County
- Doddridge County
- Fayette County
- Gilmer County
- Grant County
- Greenbrier County
- Hampshire County
- Hancock County
- Hardy County
- Harrison County
- Jackson County
- Jefferson County
- Kanawha County
- Lewis County
- Lincoln County
- Logan County
- Marion County
- Marshall County
- Mason County
- McDowell County
- Mercer County
- Mineral County
- Mingo County
- Monongalia County
- Monroe County
- Morgan County
- Nicholas County
- Ohio County
- Pendleton County
- Pleasants County
- Pocahontas County
- Preston County
- Putnam County
- Raleigh County
- Randolph County
- Ritchie County
- Roane County
- Summers County
- Taylor County
- Tucker County
- Tyler County
- Upshur County
- Wayne County
- Webster County
- Wetzel County
- Wirt County
- Wood County
- Wyoming County
West Virginia Property Records Search
West Virginia Property Records Search
Table of Contents
- Property Records in West Virginia
- What Are Property Records in West Virginia?
- The Role of the County Court Clerk's Office
- Types of Property Records
- How Often is Property Tax in West Virginia Assessed?
- How Can I Search for Property Records?
- Understanding Property Ownership in West Virginia
- Property Descriptions and Boundaries in West Virginia
- Liens, Encumbrances, and Property Records in West Virginia
- Property Records and Real Estate Transactions in West Virginia
- Property Records and Property Values
- Privacy and Property Records
- Maintaining and Amending Property Records
- West Virginia County Property Records