Every contract in writing or deed conveying an estate or term, when the possession is allowed to remain with the grantor, will be void as to all purchasers for valuable consideration without notice until it is recorded in the proper county. Under a notice statute, a subsequent purchaser of real property is not required to record in order to protect a prior interest against a grantee or lienholder, but recordation is required to protect against subsequent grantees or lienholders. In Virginia, the recordation of documents is dictated by a notice statute.
There are further elements that are essential to the validity of a real estate deed, such as the granting clause, a description of the real property, and rules pertaining to format and construction. When the deed is signed by a person acting on the grantor's behalf, or in any representative capacity, the signature can be acknowledged or proved in the same manner as if the grantor were signing ( 55-106).
Real estate conveyance form code#
The signature must be acknowledged by the grantor or proved by two witnesses in the manner prescribed in Articles 2, 2.1, and 3 of Chapter 55 of the Code of Virginia. There are, however, circumstantial limitations to this law, as outlined in 55-1 of the Code of Virginia.Ī real estate deed in Virginia must contain the original signature of the grantor in order to be considered for recordation. Furthermore, under Virginia law, any alien can acquire and hold real estate by purchase or descent, and it can be conveyed in the same manner as real estate held by U.S. citizens of legal age, which includes those conveying by trust those conveying an estate in joint tenancy or to an individual and corporations ( 55-48). In Virginia, those with the legal authority to convey real property or interest in such property are U.S. Likewise, the grantee must be legally authorized to own real property. The grantor to a real estate deed in Virginia must have legal authority to convey the property or interest in property described in the deed. The type of deed used in a conveyance in Virginia depends on the manner in which the property is held, the grantor's intentions, and the legal issues surrounding the transaction. A deed may be written with or without covenants of title.
Real estate deeds in Virginia can be in the form of a special warranty deed, deed of trust, quitclaim and release, or other form that is not in contravention of law. An estate can also be made to begin in the future and can be created by deed in like manner as by will ( 55-6). An estate of inheritance or freehold or for a term of more than five years can be conveyed by deed or will ( 55-2).
The use of a real estate deed in a conveyance of land or interest in land is authorized by the Code of Virginia, under the Property and Conveyances Title. Select Document Type Quit Claim Deed Gift Deed Gift Deed Special Warranty Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Special Power of Attorney for the Purchase of Property Special Power of Attorney for the Sale of Property Deed of Trust and Promissory Note Certificate and Affidavit of Satisfaction of Deed of Trust Certificate of Partial Satisfaction of Deed of Trust Transfer on Death Deed Transfer on Death Revocation Transfer on Death Beneficiary Affidavit Personal Representative Deed Real Estate Affidavit Trustee Deed Certificate of Trust Corrective Affidavit Mechanics Lien Preliminary Notice General Contractor Memorandum for Mechanics Lien Subcontractor Memorandum for Mechanics Lien Sub-subcontractor Memorandum for Mechanics Lien Conditional Lien Waiver on Partial Payment Unconditional Lien Waiver on Partial Payment Conditional Lien Waiver on Final Payment Unconditional Lien Waiver on Final Payment Disclaimer of Interest Memorandum of Lis Pendens
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