W. Va. Code » §40-1-9. Contracts, deeds and mortgages invalid as to creditors and purchasers until recorded.
West Virginia Code

W. Va. Code § 40-1-9 (2026)

Contracts, deeds and mortgages invalid as to creditors and purchasers until recorded

✓ current as of May 2026
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ARTICLE 1. ACTS GENERALLY VOID AS TO CREDITORS AND PURCHASERS.

§40-1-9. Contracts, deeds and mortgages invalid as to creditors and purchasers until recorded.

Every such contract, every deed conveying any such estate or term, and every deed of gift, or deed of trust or memorandum of deed of trust pursuant to section two, article one, chapter thirty-eight of this code, or mortgage, conveying real estate shall be void, as to creditors, and subsequent purchasers for valuable consideration without notice, until and except from the time that it is duly admitted to record in the county wherein the property embraced in such contract, deed, deed of trust or memorandum of deed of trust or mortgage may be.

Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1989–2025 · leading case: Brannon v. Riffle, 475 S.E.2d 97 (W. Va. 1996).
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Brannon v. Riffle, 475 S.E.2d 97 (W. Va. 1996). · cites it 2× “762 (1907); see also W. Va.Code § 40-1-9 (1982); see generally 15 Michie’s Jurisprudence Recording Acts § 15 (West 1979).”
Town of Davis v. West Virginia Power & Transmission Co., 647 F. Supp. 2d 622 (N.D.W. Va. 2007). · cites it 3× “See W. Va.Code § 40-1-9. However, even in a case involving a purchaser—which this case does not—where the purchaser receives actual notice of another claim to the property before the completion of the purchase and the payment of consideration, he will not be protected from the…”
Wolfe v. Alpizar, 637 S.E.2d 623 (W. Va. 2006). · cites it 2× “We begin by noting that W. Va.Code § 40-1-9 (1963) (Repl.Vol.2004), provides: Every such contract, every deed conveying any such estate or term, and every deed of gift, or trust deed or mortgage, conveying real estate shall be void, as to creditors, and subsequent purchasers for…”
In Re Ball, 362 B.R. 711 (Bankr. N.D.W. Va. 2007). · cites it 2× “W. Va.Code § 40-1-9. The deed to the Debt- or and Ms.”
In Re Bardell, 361 B.R. 468 (Bankr. N.D.W. Va. 2007). · cites it 2× “W. Va.Code § 40-1-9; 40-1-13. In the context of a Chapter 13 case, it is the trustee and not the debtor that has standing to directly assert a § 544(a)(3) cause of action.”
Smith v. Mooney (In Re Smith), 155 B.R. 145 (Bankr. S.D.W. Va. 1993). “West Virginia Code § 40-1-9 reads as follows: Every such contract, every deed conveying any such estate or term, and every deed of gift, or trust deed or mortgage, conveying real estate shall be void, as to creditors, and subsequent purchasers for valuable consideration without…”
Harkins v. Wheeling Nat'l Bank (In Re Morgan), 96 B.R. 615 (Bankr. N.D.W. Va. 1989). “Code, 1931, § 40-1-9, as amended, provides: Every such contract, every deed conveying any such estate .”
Eagle Gas Co. v. Doran & Assocs., Inc., 387 S.E.2d 99 (W. Va. 1989). “, was placed on inquiry notice of the 1972 Lease of Eagle Gas Company and was charged with such knowledge which the strictest inquiry would have put in its possession.”
Carpenter v. Luke, 689 S.E.2d 247 (W. Va. 2009). · cites it 2× “W. Va.Code § 40-1-9 (1963) (Repl. Vol. 2004) states that [ejvery such contract, every deed conveying any such estate or term, and every deed of gift, or trust deed or mortgage, conveying real estate shall be void, as to creditors, and subsequent purchasers for valuable…”
U.S. Expl., LLC & Harry Slack v. Griffin Producing Co., 844 S.E.2d 89 (W. Va. 2020). · cites it 8× “W. Va.Code, 40-1-9 [1963]. Nonetheless, when a prospective buyer has reasonable grounds to believe that property may have been conveyed in an instrument not of record, he is obliged to use reasonable diligence to determine whether such previous conveyance exists.”
Occidental Petroleum, successor in interest to Kerr-McGee Corp. v. John L. Tustin & Jonathan A. Tustin, No. 23-ica-375 (July 30, 2024). · cites it 4× “3 In their complaint, they asserted that they owned 100 percent of the subject tract as bona fide purchasers of the property pursuant to West Virginia Code § 40-1-9 (1963).4 In their complaint, the Tustins named five defendants, whose alleged ownership interests potentially…”
EQT Prod. Copmany v. Antero Resources Corp., No. 19-0572 (W. Va. Nov. 12, 2020). · cites it 3× “W. Va. Code, 40-1-9 [1963].”). As a matter of fact, EQT did not even seek to extend the primary term of its Base Lease with the Lemasters for another five-year period until after the Antero Top Lease Memorandum was recorded.”
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