CODE OF VIRGINIA

DUTY OF CLERK TO RECORD WRITINGS, ETC., AND MAKE INDEX (§ 17.1-223)

A. Every writing authorized by law to be recorded, with all certificates, plats,
schedules or other papers thereto annexed or thereon endorsed, upon payment of
fees for the same and the tax thereon, if any, shall, when admitted to record,
be recorded by or under the direction of the clerk on such media as are
prescribed by § 17.1-239. However, unless a cover sheet is submitted with the
writing in accordance with § 17.1-227.1, the clerk has the authority to reject
any writing for recordation unless (i) as to any individual who is a party to
such writing, the surname only of such individual is underscored or written
entirely in capital letters in the first clause of the writing that identifies
the names of the parties; (ii) each page of the writing is numbered
consecutively; (iii) in the case of a writing described in § 58.1-801 or
58.1-807, the amount of the consideration and the actual value of the property
conveyed is stated on the first page of the writing; (iv) the laws of the United
States or the Commonwealth under which any exemption from recordation taxes is
claimed is clearly stated on the face of the writing; and (v) the name of each
party to such writing under whose name the writing is to be indexed as grantor,
grantee, or both is listed in the first clause of the writing that identifies
the names of the parties and identified therein as grantor, grantee, or both, as
applicable. Such writing, once recorded, may be returned to any party to such
writing who is identified therein as a grantee unless otherwise indicated
clearly on the face of the writing, or any cover sheet, including an appropriate
current address to which such writing shall be returned.

B. The attorney or party who prepares the writing for recordation shall ensure
that the writing satisfies the requirements of subsection A and that (i) the
social security number is removed from the writing prior to the instrument being
submitted for recordation, (ii) a deed conveying residential property containing
not more than four residential dwelling units states on the first page of the
document the name of the title insurance underwriter insuring such instrument or
a statement that the existence of title insurance is unknown to the preparer,
and (iii) a deed conveying residential property containing not more than four
residential dwelling units states on the first page of the document that it was
prepared by the owner of the real property or by an attorney licensed to
practice law in the Commonwealth where such statement by an attorney shall
include the name and Virginia State Bar number of the attorney who prepared the
deed, provided, however, that clause (iii) shall not apply to deeds of trust or
to deeds in which a public service company, railroad, or cable system operator
is either a grantor or grantee, and it shall be sufficient for the purposes of
clause (iii) that deeds prepared under the supervision of the Office of the
Attorney General of Virginia so state without the name of an attorney or bar
number.

C. A writing that appears on its face to have been properly notarized in
accordance with the Virginia Notary Act (§ 47.1-1 et seq.) shall be presumed to
have been notarized properly and may be recorded by the clerk.

D. If the writing is accepted for recordation in the deed books, it shall be
deemed to be validly recorded for all purposes. Such books shall be indexed by
the clerk as provided by § 17.1-249 and carefully preserved. Upon admitting any
such writing or other paper to record, the clerk shall endorse thereon the day
and time of day of such recordation. More than one book may be used
contemporaneously under the direction of the clerk for the recordation of the
writings mentioned in this section whenever it may be necessary to use more than
one book for the proper conduct of the business of the clerk’s office.

HISTORY: Code 1919, § 3392, § 17-59; 1926, p. 465; 1934, p. 514; 1979, c. 527;
1983, c. 293; 1985, c. 246; 1986, c. 167; 1990, c. 374; 1996, c. 454; 1998, c.
872; 2004, c. 336; 2007, c. 451; 2008, cc. 117, 814, 823, 833; 2012, c. 74;
2013, c. 193; 2014, c. 338.