CODE OF VIRGINIA

LIENS AGAINST REAL ESTATE (§ 15.2-104)

Notwithstanding any provision contained in this title to the contrary, wherever
this title provides for or authorizes a lien upon real estate for a local
assessment, fee, rent or charge, other than real estate taxes, not paid when
due, such lien shall not bind or affect a subsequent bona fide purchaser of the
real estate for valuable consideration without actual notice of the lien unless,
at the time of the transfer of record of the real estate to the purchaser, a
statement containing the name of the record owner of the real estate and the
amount of such unpaid assessments, fees, rents or charges is entered in the
judgment lien book in the clerk’s office where deeds are recorded or is
contained in records maintained by the local treasurer for real estate tax liens
pursuant to § 58.1-3930 with respect to the real estate against which the lien
is asserted. Any such lien binding on the owner of the real estate at the time
of sale or other disposition shall be paid from the sale or other proceeds as
real estate taxes assessed thereon are required to be paid. The clerk shall
cause such statement to be entered and properly indexed against the record owner
of the real estate, for which the clerk shall be entitled to a fee of two
dollars per entry, or such other fee as may be specifically provided for such
purpose in this title, to be paid by the locality or other political subdivision
asserting the lien and to be added to the amount of the lien. If the amount of
such lien and all accrued interest due thereon are paid in full, the locality or
other political subdivision asserting the lien shall deliver a certificate
evidencing such payment to the person paying the same, and, upon presentation of
such certificate, the clerk having record of the lien shall mark the entry of
such lien satisfied, for which he shall be entitled to a fee of one dollar, or
such other fee as may be specifically provided for such purpose in this title.

HISTORY: 1994, c. 525, § 15.1-37.3:13; 1996, c. 612; 1997, c. 587.