Key Takeaways
- West Virginia recognizes various forms of property ownership including fee simple, life estates, and joint tenancy
- Married couples may hold property as tenants by the entirety with right of survivorship
- West Virginia uses both deeds and title insurance to transfer and protect property ownership
- Property descriptions must be accurate using metes and bounds, lot and block, or government survey methods
- Easements, liens, and encumbrances affect property rights and must be disclosed
Last updated: January 2026
West Virginia Property Law
Understanding property ownership and transfer laws is essential for West Virginia real estate practitioners.
Types of Property Ownership
Fee Simple Absolute
The highest form of ownership in real estate:
| Characteristic | Description |
|---|---|
| Duration | Infinite, lasts forever |
| Rights | Full bundle of rights |
| Transfer | Can sell, gift, or devise by will |
| Inheritance | Passes to heirs if no will |
Life Estate
Ownership for the duration of someone's life:
| Party | Rights |
|---|---|
| Life tenant | Use and enjoy during their lifetime |
| Remainderman | Receives property when life tenant dies |
Leasehold Estate
Right to possess property for a specific period:
| Type | Duration |
|---|---|
| Estate for years | Fixed term |
| Periodic tenancy | Renews automatically |
| Estate at will | Terminable by either party |
| Estate at sufferance | Holdover tenant |
Co-Ownership
Tenancy in Common
| Feature | Description |
|---|---|
| Ownership | Separate, undivided interests |
| Share | Can be unequal |
| Transfer | Each can sell their share |
| Inheritance | Share passes to owner's heirs |
| No survivorship | Deceased owner's share to estate |
Joint Tenancy
| Feature | Description |
|---|---|
| Four unities | Time, Title, Interest, Possession |
| Equal shares | Must be equal |
| Survivorship | Deceased owner's share to surviving owners |
| Severance | Can be converted to tenancy in common |
Tenancy by the Entirety
Special form for married couples in West Virginia:
| Feature | Description |
|---|---|
| Who can hold | Married couples only |
| Survivorship | Automatic right of survivorship |
| Transfer | Both spouses must agree to sell |
| Creditors | Protected from individual spouse's creditors |
| Divorce | Converts to tenancy in common |
Property Transfer
Deeds
Types of deeds used in West Virginia:
| Deed Type | Warranties |
|---|---|
| General warranty | Full warranties against all defects |
| Special warranty | Warranties only during grantor's ownership |
| Quitclaim | No warranties; transfers grantor's interest only |
| Bargain and sale | Implies grantor holds title |
Essential Deed Elements
| Element | Requirement |
|---|---|
| Grantor | Must be competent, properly identified |
| Grantee | Must be identifiable |
| Consideration | Something of value (may be nominal) |
| Granting clause | Words of conveyance |
| Legal description | Accurate property identification |
| Signature | Grantor must sign |
| Delivery | Must be delivered and accepted |
| Recording | Filed with county clerk (not required but advised) |
Property Descriptions
Metes and Bounds
Traditional method using:
- Starting point (point of beginning)
- Directions (compass bearings)
- Distances
- Monuments and markers
Lot and Block (Plat)
References recorded subdivision plat:
- Lot number
- Block number
- Subdivision name
- Recording information
Government Survey
Uses:
- Principal meridians
- Base lines
- Townships, ranges, sections
Encumbrances
Liens
| Lien Type | Priority |
|---|---|
| Property tax liens | Highest priority |
| Special assessment liens | High priority |
| Mortgage liens | Priority by recording date |
| Mechanic's liens | Priority rules vary |
| Judgment liens | By recording date |
Easements
| Type | Description |
|---|---|
| Easement appurtenant | Benefits adjacent property |
| Easement in gross | Benefits person/entity, not property |
| Prescriptive easement | Acquired by long-term use |
| Easement by necessity | Required for access |
Other Encumbrances
| Type | Effect |
|---|---|
| Deed restrictions | Private limitations on use |
| Encroachments | Physical intrusion on property |
| Lis pendens | Notice of pending lawsuit |
Exam Tip: Know the difference between liens (financial claims) and other encumbrances (restrictions on use or physical intrusions).
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Test Your Knowledge
What type of co-ownership in West Virginia automatically includes the right of survivorship and is only available to married couples?
A
B
C
D
Test Your Knowledge
Which type of deed provides the MOST protection to the buyer?
A
B
C
D
Test Your Knowledge
What are the four unities required for joint tenancy?
A
B
C
D