West Virginia Property Records

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.

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.

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.

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.

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:

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

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.

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.