Legislation (H.B. 4250) is moving in the West Virginia Legislature that would change state law and allow for land records to be in electronic form. The bill would remove any requirement of state law describing or requiring that a land record document be an original, on paper, or in writing. In addition, the bill would change any requirement that the document contain a signature or acknowledgment so that this can be satisfied by an electronic signature or acknowledgment. Finally, the bill would authorize a clerk to accept electronic documents for recording and to index and store those documents. The bill establishes a Real Property Electronic Recording Standards Advisory Committee and directs it to develop a legislative rule containing standards for electronic recording to be used by each county.
Lewis Glasser is monitoring and tracking this legislation.