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WV Real Estate: Transfer of Title

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Transfer of Title

Title passes by deed, by operation of law, or by court action. Deed essentials: a competent grantor, a named grantee, words of conveyance, an adequate legal description, a signature, and delivery with intent to convey plus acceptance. Recording with the county clerk protects against later bona fide purchasers and is what makes title reliable in practice.

Deed types

General warranty: the grantor warrants title against all claims and defends them. Special warranty: warrants only against claims arising during the grantor's ownership. Bargain and sale: conveys whatever interest the grantor holds without warranty. Quitclaim: releases whatever interest the grantor may have and promises nothing. Covenants of title include seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and further assurances.

Title assurance

Title insurance protects the lender and, with an owner's policy, the buyer. A title search and abstract reveal the chain of title and recorded encumbrances. Marketable title is free from reasonable doubt and objectionable encumbrances; insurable title is whatever a title company will agree to insure. Adverse possession, prescription, dedication, eminent domain, escheat, and foreclosure transfer title by operation of law.

Traps

Confusing a quitclaim's effect with a warranty deed's, assuming recording cures a defective deed, and overlooking that an undisclosed voluntary lien makes title unmarketable.

Rule of thumb: the warrantor's liability tracks the deed language - a special warranty is limited to the grantor's own period of ownership.