Recording a deed in Berkeley County, West Virginia
Everything you need to get a deed on file in Berkeley County. The office that records it, the formatting it checks, what it costs, and the three ways to submit.
- Recording office
- County Clerk
- Witnesses
- Notary only
- Transfer tax
- $1.65 to $3.85 per $500 of value
- First-page margin
- 3″ top
- Recording fee
- $32 up to 5 pages
- E-recording
- Approved submitters
Recording a deed in Berkeley County
Deeds affecting property in Berkeley County, West Virginia are recorded with the County Clerk. Recording is what puts the world on notice of your ownership and fixes the priority date. An unrecorded deed can still transfer title between the parties, but it leaves you exposed to anyone who records first.
The recording rules the office applies come from W. Va. Code § 39-1-2. Deeds themselves are governed by W. Va. Code § 36-1-1.
What to bring
- The original signed and notarized deed. Recorders do not record photocopies handed over the counter.
- A completed notarial acknowledgment, with the date, the place where you signed, and the commission expiry all filled in, and on a deed given for no payment each grantee's signature and acknowledgment too (W. Va. Code § 39-1-2(b)(2)). The declaration of consideration or value at the end of the deed, completed and signed.
- A completed Sales Listing Form (State Tax Commissioner form STC 12:39). The clerk may not record a deed without it (W. Va. Code § 11-22-6).
- Payment for the recording fee, $32 for up to 5 pages. Many offices do not take personal checks.
Formatting
- Type no smaller than 10 point, with at least 2 points between lines, printed on one side of the paper only (W. Va. Code § 39-1-11). A deed that breaks these rules costs one and one-half times the recording fee.
- West Virginia law sets no top margin. Clerks need room for the recording stamp (Jefferson County asks for 2 inches); Deedly leaves 3 inches at the top of page one.
- Deedly's layout, which suits this office: 8.5 × 11 inch paper, a 3-inch clear space at the top of page one for the recording stamp, 1-inch margins on the other edges, and type no smaller than 10 point. Deedly formats every document this way automatically.
- A legal description. A street address alone is not enough.
- A 'when recorded, return to' block so the stamped original comes back to you.
How to file
- In personTake the original to the County Clerk in Martinsburg. This is the fastest route. You usually walk out with the recording information the same day.
- By mailSend the original with a check or money order for the fee and a self-addressed stamped envelope. Allow one to three weeks for the stamped original to come back.
- E-recording (check first)E-recording may not be available here. Confirm with the office before relying on it.
Confirm the address before you post anything
Offices move and hours change. Search for "Berkeley County West Virginia County Clerk" and use the official county website, not a directory listing, which is often years out of date.
Formatted to West Virginia requirements, with Berkeley County filing instructions included.
Common questions
With the County Clerk, located in Martinsburg. Deeds are always recorded in the county where the property sits, not where the owner lives.
$32 for up to 5 pages. West Virginia also charges excise tax on privilege of transferring real property at $1.65 to $3.85 per $500 of value, depending on the county: $1.10 set by state law (kept by the county since July 1, 2025), plus a county excise tax of $0.55 to $1.65, plus up to $1.10 more in counties with a farmland protection program (Cabell County charges $2.75 per $500), though transfers between spouses, and transfers without consideration between parent and child, grandparent and grandchild, or siblings, are exempt, and a gift to anyone else is taxed on the property's actual value (W. Va. Code § 11-22-1). Confirm current fees with the office before you mail anything; they change.
Possibly not. Check the office's website before assuming e-recording is available.
Keep reading
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.