DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Title in a Minute with Shawn Tidwell

State Library

West Virginia

Mechanics' liens, recording formalities, future advances, subdivision rules, title premiums and recording taxes in West Virginia, in plain English with statute cites. Last researched Oct 2026.

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Title in a Minute · www.titleinaminute.com/library/states/west-virginia · Printed reference copy.

DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Key quirkEvery class of lien is discharged 100 days after completion unless perfected.

West Virginia at a Glance

Topic West Virginia answer Where it comes from
Lien perfection Every class of lien is discharged 100 days after completion or last work unless perfected W. Va. Code § 38-2-7
Enforcement Suit within 6 months after recording the notice of lien W. Va. Code § 38-2-34
Lien priority A perfected lien attaches when the claimant's work or materials began; a deed of trust recorded before that date comes first W. Va. Code § 38-2-17
Deed transfer tax Excise tax $1.10 per $500 (now kept by the county) plus county $0.55 per $500 (a county may raise it, up to $1.65), plus a $20 fee; grantor pays (grantee pays on trustee's and tax-sale deeds) W. Va. Code § 11-22-2
Mortgage/indebtedness tax None (no state statute)
Future advances Credit line deed of trust: priority as if advanced at recording up to the stated maximum; optional advances lose priority after written notice of a later recorded lien W. Va. Code § 38-1-14
Attorney role The Supreme Court of Appeals regulates the practice of law; licensed attorneys have a long-established role in examining and certifying titles McMahon v. Advanced Title Services Co. (W. Va. 2004); West Virginia State Bar v. Earley (W. Va. 1959)
Title premium regulation Rates filed with the Commissioner (separate commercial and noncommercial schedules); no policy may be issued except under filings in effect; noncommercial filings wait 60 days; commercial filings take effect on first use if not disapproved within 30 days W. Va. Code §§ 33-20-3(e), 33-20-4(k); W. Va. Code R. § 114-77-4

1. Mechanic's Lien Rules

Plain English

West Virginia gives liens to contractors, subs, suppliers, and laborers, but every one of them is discharged 100 days after the contractor's completion, the sub's completion, or the last materials or labor, unless the claimant perfects it within that time by recording a notice of lien with the county clerk. Subcontractors, suppliers to a contractor, and laborers working for a contractor must also serve the notice on the owner within the 100 days. After recording, the claimant must sue within 6 months or the lien is discharged. A perfected lien attaches as of the date that claimant's work or materials began; it is behind a deed of trust recorded before that date and ahead of one created after it.

Key Rules

Perfection period (W. Va. Code § 38-2-7). 100 days for every class.

Recording and service (W. Va. Code §§ 38-2-8 to 38-2-13). Contractors and laborers hired by the owner record a notice within 100 days; subcontractors, suppliers, and laborers hired by a contractor serve the owner and record within 100 days.

Priority (W. Va. Code § 38-2-17). Attaches when that claimant's work or materials began; subordinate to a deed of trust recorded before then.

Enforcement (W. Va. Code § 38-2-34). 6 months.

Practice Points

  1. Work within the last 100 days is a live risk; get waivers and an owner's affidavit.
  2. Count 6 months from recording to clear stale liens.
  3. Search the county clerk's lien records.

Citations

2. Execution and Notarization Requirements for Recording

Plain English

West Virginia deeds are acknowledged and recorded with the county clerk. The excise tax on the privilege of transferring real estate is $1.10 per $500 of value (since July 1, 2025, entirely a county tax), plus an additional county tax of $0.55 per $500, plus a $20 fee for the Affordable Housing Fund. In a county at the base county rate, that's $1.65 per $500 in all, plus $20 (a county may raise its part to as much as $1.65, for up to $2.75 per $500). The grantor pays, unless the grantee accepts the deed without the tax paid; the grantee pays on deeds from a trustee or from a tax sale. West Virginia's recording act is a notice statute: an unrecorded deed or deed of trust is void against creditors and later purchasers for value without notice. Remote online notarization is authorized by statute. In deWet v. Rollyson (4th Cir. 2025), an owner's estate sued over a tax deed issued after mailed redemption notices came back undeliverable; the court gave the state official qualified immunity, but the case shows how notice problems can follow a tax-deed title.

Key Rules

  • Excise tax (W. Va. Code § 11-22-2(a)). $1.10 per $500; $20 fee.
  • County tax (W. Va. Code § 11-22-2(b)). $0.55 per $500.
  • Who pays (W. Va. Code § 11-22-2(b)). Grantor; grantee if it accepts an unstamped deed, and on trustee's and tax-sale deeds.
  • Recording act (W. Va. Code § 40-1-9). Notice type.
  • Remote online notarization (W. Va. Code § 39-4-37).
  • Tax deeds (deWet v. Rollyson, 4th Cir. 2025).

Practice Points

  1. Compute both taxes (check the county's rate) and the $20 fee.
  2. Tax deed titles: check notice and address searches.
  3. Check remote notarization compliance.

Citations

3. Securing Future Advances

Plain English

A West Virginia credit line deed of trust that meets § 38-1-14 secures future advances with priority as if advanced at recording, up to its stated maximum principal (interest, taxes, and insurance may exceed the cap). Obligatory advances keep priority over later liens. Optional advances lose priority once the lender gets written notice, at the address stated in the deed of trust, of a later recorded lien.

Key Rules

  • Credit line deed of trust (W. Va. Code § 38-1-14). Required form and notice; stated maximum; optional advances cut off by notice.

Practice Points

  1. Check the § 38-1-14 notice and stated maximum.
  2. Junior lenders: give the first lender notice.
  3. HELOC payoffs: get a release.

Citations

4. Subdivision Statutes and Regulations

Plain English

West Virginia counties and municipalities may regulate subdivisions by adopting a subdivision and land development ordinance under the planning statutes (W. Va. Code § 8A-4-1). Planning commissions approve minor and major subdivision plats (W. Va. Code § 8A-5-1). Where no ordinance has been adopted, there may be no local plat approval.

Key Rules

  • Ordinances (W. Va. Code § 8A-4-1). Optional for counties and municipalities.
  • Approval (W. Va. Code § 8A-5-1). Minor and major subdivision processes before the planning commission.

Practice Points

  1. New lot? Get the approved, recorded plat.
  2. Check access in rural and mineral areas.
  3. Check severed minerals and surface rights.

Citations

5. Title Premium Rates

Plain English

West Virginia title insurers may charge only from a filed and approved premium rate schedule. Title insurers must file separate commercial and noncommercial rate schedules. Noncommercial schedules wait 60 days before taking effect; commercial schedules take effect on first use if the Commissioner does not disapprove them within 30 days (W. Va. Code R. § 114-77-4). The Supreme Court of Appeals decides what is the practice of law (West Virginia State Bar v. Earley, 1959), and it has recognized the "long-established and necessary role" of licensed West Virginia attorneys in examining and certifying real estate titles (McMahon v. Advanced Title Services Co., 2004). Title opinions customarily come from attorneys.

Key Rules

  • Rates (W. Va. Code §§ 33-20-3(e), 33-20-4(k); W. Va. Code R. § 114-77-4). Separate commercial and noncommercial schedules; no rates except as filed.
  • Attorney role (McMahon v. Advanced Title Services Co., 216 W. Va. 413, 607 S.E.2d 519 (2004); West Virginia State Bar v. Earley, 144 W. Va. 504, 109 S.E.2d 420 (1959)). McMahon sent the specific title-examination questions back for a fuller record, so it is not a final ruling that every lay title search is unauthorized practice.

Practice Points

  1. Use an attorney's title opinion.
  2. No unfiled charges.

Citations

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

West Virginia's real estate excise tax is $1.10 per $500 plus a county tax of at least 55 cents per $500, plus a $20 fee on transfers for consideration. The seller (grantor) pays, except on trustee's and tax-sale deeds. West Virginia has no mortgage tax.

Key Rules

(a) Deed transfer, conveyance or excise tax

  • Rate (§ 11-22-2): $1.10 per $500, now retained by the county, plus a county excise tax of $0.55 per $500 that a county commission may raise, up to $1.65. Check the county's current rate.
  • $20 fee on transfers for consideration.
  • Who pays (§ 11-22-2(b)). The grantor; the grantee is liable if it accepts an unstamped deed, and the grantee pays on deeds from a trustee or a tax sale.

(b) Mortgage, indebtedness or intangible tax

  • None. West Virginia has no mortgage, indebtedness or intangible tax on recording a mortgage or deed of trust, so future advances, credit lines, refinances and modifications carry no state recording tax (only recording fees).

(c) Other recording taxes and fees

  • County clerk recording fees (W. Va. Code § 59-1-10(a)). $30 for a deed or trust deed; $10 for most other documents; $1 per page over five pages.

Practice Points

  1. Worked example (county at $0.55, $400,000): $1,320 plus $20.

Citations

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