West Virginia Code 39A-4-4 – Recording of documents
(a) In this section, “paper document” means a document that is received by the county clerk in a form that is not electronic.
Terms Used In West Virginia Code 39A-4-4
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: include lands, tenements and hereditaments, all rights thereto and interests therein, except chattel interests. See West Virginia Code 2-2-10
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) A county clerk:
(1) Who implements any of the functions listed in this section shall do so in compliance with standards established by the Real Property Electronic Recording Standards Advisory Committee pursuant to § 39A-4-5 of this code;
(2) May receive, index, store, archive, and transmit electronic documents;
(3) May provide for access to, and search and retrieval of, documents and information by electronic means;
(4) Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index;
(5) May convert paper documents accepted for recording into electronic form;
(6) May convert information recorded before the clerk began to record electronic documents into electronic form;
(7) May accept electronically any fee or tax relating to electronic recording of real property documents that the clerk is authorized to collect; and
(8) May agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.