Code of Virginia - Title 55 Property And Conveyances - Chapter 4 Form And Effect Of Deeds And Covenants; Liens

55-48 Form of a deed
Every deed, corrected or amended deed, deed of release, or memorandum or addendum to any of these instruments, including those with vendor's liens, shall name ...
55-49 How construed
Every such deed conveying lands shall, unless an exception be made therein, be construed to include all the estate, right, title, and interest whatever, both ...
55-49.1 Construction of generic terms
In the interpretation of deeds, adopted persons and persons born out of wedlock are included in class gift terminology or terms of relationship in accordance ...
55-50 Appurtenances, etc., included in deed of land; relocation of easement
Every deed conveying land shall be construed to include all buildings, privileges and appurtenances of every kind belonging to the lands therein embraced unless an ...
55-50.1 Enjoyment of easement
Unless otherwise provided for in the terms of an easement, the owner of a dominant estate shall not use an easement in a way that ...
55-50.2 Utility easements.
Where an easement, whether appurtenant or gross, is expressly granted by an instrument recorded on or after July 1, 2006, that imposes on a servient ...
55-50.3 Public road easements; maintenance and improvements.
Whenever a public road that has never been abandoned but is no longer publicly maintained serves as access for more than one property owner and ...
55-51 Deeds good between parties
Any deed, or a part of a deed, which shall fail to take effect by virtue of this chapter shall, nevertheless, be as valid and ...
55-52 Conveyance of property not owned but subsequently acquired
When a deed purports to convey property, real or personal, describing it with reasonable certainty, which the grantor does not own at the time of ...
55-53 Vendor's equitable lien abolished
If any person hereafter convey any real estate and the purchase money or any part thereof remain unpaid at the time of the conveyance, he ...
55-54 Certain deeds to county real estate validated
All deeds executed prior to January 1, 1920, by a county commissioner, or commissioners, or board of supervisors, conveying any part of the real estate ...
55-55 Validation of sales, etc., by county courts prior to 1860
All sales or leases made prior to the year 1860, by the county court, or court of monthly session, of any county, of any land ...
55-56 Deeds and writings executed for persons in military service, etc., under defective powers
All deeds or other writings executed by an agent or attorney in fact for a person in the armed forces or military service of the ...
55-57 Form of a lease
A deed of lease may be made in the following form, or to the same effect: "This deed, made the . . . . . ...
55-57.1 Memoranda of leases and options
A. In lieu of the recording of a lease, there may be recorded with like effect a memorandum of such lease, executed by the lessor ...
55-57.2 Effect of option; recording
A. Any option to purchase real estate, and any memorandum, renewal or extension thereof, shall be void as to (i) all purchasers for valuable consideration ...
55-58 Form of deed of trust to secure debts, etc
A deed of trust to secure debts or indemnify sureties may be in the following form, or to the same effect, and shall name in ...
55-58.1 Security trusts defined; requirements for trustees and for recordation
(1) For the purposes of this article, the term "security trust" shall include a deed of trust, mortgage, bond or other instrument, entered into after ...
55-58.2 Credit line deed of trust defined; relative priority of credit line deed of trust and other instrum...
1. For the purpose of this title, the term "credit line deed of trust" is any deed of trust, mortgage, bond or other instrument, entered ...
55-58.3 Priority of refinance mortgage over subordinate mortgage
A. As used in this section: "Refinance mortgage" means the mortgage, deed of trust or other instrument creating a security interest in real estate given ...
55-59 How deed of trust construed; duties, rights, etc., of parties
Every deed of trust to secure debts or indemnify sureties is in the nature of a contract and shall be construed according to its terms ...
55-59.1 Notices required before sale by trustee to owners, lienors, etc.; if note lost
A. In addition to the advertisement required by § 55-59.2 the trustee or the party secured shall give written notice of the time, date and ...
55-59.1:1 (Expires July 1, 2010) Notice required for high-risk mortgage loans; additional time before acceler...
A. As used in this section: "High-risk mortgage loan" means a loan made by a mortgage lender that is secured by a first lien deed ...
55-59.2 Advertisement required before sale by trustee
A. Advertisement of sale by a trustee or trustees in execution of a deed of trust shall be in a newspaper having a general circulation ...
55-59.3 Contents of advertisements of sale
The advertisement of sale under any deed of trust, in addition to such other matters as may be required by such deed of trust or ...
55-59.4 Powers and duties of trustee in event of sale under or satisfaction of deed of trust
A. In the event of sale under a deed of trust, the trustee shall have the following powers and duties in addition to all others: ...
55-60 Meaning of phrases that may be included in such trust deed
The following provisions may be incorporated in any such deed of trust in the respective short forms indicated, namely: (1) The words "identified by trustee's ...
55-60.1 Evidences of indebtedness placed on equal footing
When bonds, notes or other evidences of indebtedness are secured by a deed of trust, mortgage, vendor's lien or other lien, such bonds, notes or ...
55-61 Sales under deeds of trust which contain no maturity date or provision authorizing sale
When any property, real or personal, is conveyed by deed of trust, whether heretofore or hereafter made, to a trustee, to secure the payment of ...
55-61.1 Validation of conveyances of real property under trust instrument not authorizing sale
When any real property is conveyed by deed of trust, or other trust instrument, whether heretofore or hereafter made, to a trustee and there is ...
55-62 Permissible form for notice of sale under deed of trust
Notice of sale under any deed of trust whether the same be in conformity with § 55-59 or not, in the absence of provision therein ...
55-63 Construction of deeds requiring notice by advertisement in newspaper
(a) Whenever any deed of trust to secure debts or indemnify sureties contains a provision requiring the giving of notice of sale thereunder for a ...
55-64 Disposition of surplus from trustee's sale after death of grantor
Whenever the grantor, or his successor in title, in any deed of trust by which any real property is conveyed in trust to secure debts ...
55-64.1 Title to real estate sold not affected by nonlisting of secured notes for taxation
The title to real estate heretofore or hereafter sold under a deed of trust shall not be drawn in question upon the ground that the ...
55-65 Validation of certain sales made under deeds of trust
All sales which have been made prior to January 1, 1972, under deeds of trust to secure debts and indemnify sureties containing a provision requiring ...
55-65.1 Validation of certain sales made under deeds of trust prior to October 1, 1977
All sales which were made prior to October 1, 1977, under deeds of trust to secure debts and indemnify sureties when the notice, advertisement and ...
55-66 Validation of other sales under deeds of trust
All sales which were made prior to January 1, 1972, under deeds of trust to secure debts and indemnify sureties when the notice was not ...
55-66.01 Protection of assignees or transferees of debts secured by real estate; form of certificate of tran...
Whenever a debt or other obligation secured by a deed of trust, mortgage or vendor's lien on real estate has been assigned, the assignor or ...
55-66.1 Description unavailable
Repealed by Acts 1992, c. 532. ...
55-66.1:01 Description unavailable
Repealed by Acts 1995, c. 807. ...
55-66.1:1 Required notice of foreclosure or repossession
Whenever any assignee of an installment note secured by a security interest on a manufactured home determines that legal action is desirable to enforce the ...
55-66.2 Release to person dead inures to successors
A release of a deed of trust or a conveyance of the property embraced therein may in all cases be made to the original grantor, ...
55-66.3 Release of deed of trust or other lien
A. 1. Except as provided in Article 2.1 of this chapter, after full or partial payment or satisfaction has been made of a debt secured ...
55-66.3:1 Release by financial institution upon payment of debt placed with it for collection
In any case where a note, bond or other evidence of indebtedness placed by a creditor for collection with a bank, trust company, savings institution, ...
55-66.4 Partial satisfaction or release
It shall be lawful for any such lienor to make a marginal release or record a certificate of partial satisfaction of any one or more ...
55-66.4:1 Permissible form for certificate of satisfaction or certificate of partial satisfaction
Any release by a certificate of satisfaction or certificate of partial satisfaction shall be in conformity with §§ 55-66.3, 55-66.3:1 and 55-66.4 and shall conform ...
55-66.4:2 Where certificates of satisfaction are to be indexed
A certificate of partial satisfaction or a certificate of satisfaction shall be recorded by the clerk on the grantor index, both under the name of ...
55-66.5 Releases made by court; costs and attorney fees
A. Any person who owns or has any interest in real estate or personal property on which such encumbrance exists may, after 20 days' notice ...
55-66.6 Recordation of certificate of satisfaction, etc., required when release of lien recorded
Whenever a release of a deed of trust or other obligation shall be admitted to record in the office of the clerk of any circuit ...
55-66.7 Description unavailable
Repealed by Acts 1992, c. 651. ...
55-66.8 Applicability.
The procedure authorized by this article for the release of a mortgage using an automated electronic recording system may be used to effect the release ...
55-66.9 Definitions.
As used in this article, unless the context requires otherwise: "Day" means calendar day. "Document" means information that is: 1. Inscribed on a tangible medium ...
55-66.10 Document of rescission; effect; liability for wrongful recording.
A. In this section, "document of rescission" means a document stating that an identified satisfaction, certificate of satisfaction, or affidavit of satisfaction of a security ...
55-66.11 Secured creditor to submit satisfaction for recording; liability for failure.
A. A secured creditor shall submit for recording a satisfaction of a security instrument within 90 days after the creditor receives full payment or performance ...
55-66.12 Form and effect of satisfaction.
A. A document is sufficient to constitute a satisfaction of a security instrument if it conforms substantially in form and content to the requirements of ...
55-66.13 Relation to Electronic Signatures in Global and National Commerce Act.
To the extent permitted by law, this article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 ...
55-66.14 Uniform standards.
In consultation with the circuit court clerks, the Executive Secretary of the Supreme Court, and interested citizens and businesses, the Virginia Information Technology Agency shall ...
55-67 Effect of word "covenants."
When a deed uses the words "the said . . . . . . . . . . covenants," such covenant shall have the same ...
55-68 Effect of covenant of general warranty
A covenant by the grantor in a deed, "that he will warrant generally the property hereby conveyed," shall have the same effect as if the ...
55-69 Of special warranty
A covenant by any such grantor "that he will warrant specially the property hereby conveyed" shall have the same effect as if the grantor has ...
55-70 Words "with general warranty," "with special warranty" and "with English covenants of title" ...
The words "with general warranty," in the granting part of any deed, shall be deemed to be a covenant by the grantor "that he will ...
55-70.1 Implied warranties on new homes
A. In every contract for the sale of a new dwelling, the vendor shall be held to warrant to the vendee that, at the time ...
55-71 Covenant of "right to convey."
A covenant by the grantor in a deed for land, "that he has the right to convey the said land to the grantee," shall have ...
55-72 For "quiet possession" and "free from encumbrances."
A covenant by any such grantor "that the grantee shall have quiet possession of the said land" shall have as much effect as if he ...
55-73 For "further assurances."
A covenant by any such grantor "that he will execute such further assurances of the said lands as may be requisite" shall have the same ...
55-74 Of "no act to encumber."
A covenant by any such grantor "that he has done no act to encumber the said lands" shall have the same effect as if he ...
55-75 Effect of certain words of release in a deed
Whenever in any deed there shall be used the words: "The said grantor (or the said . . . . . . . . . ...
55-76 Of lessee "to pay the rent" and "to pay the taxes."
In a deed of lease a covenant by the lessee "to pay the rent" shall have the effect of a covenant that the rent reserved ...
55-77 "That he will not assign, etc.," and "that he will leave the premises in good repair."
In a deed of lease a covenant by the lessee that "he will not assign without leave" shall have the same effect as a covenant ...
55-78 Covenant "for lessee's quiet enjoyment."
A covenant by a lessor "for the lessee's quiet enjoyment of his term" shall have the same effect as a covenant that the lessee, his ...
55-79 Effect of provision for reentry by lessor
If in a deed of lease it be provided that "the lessor may reenter for default of . . . . . . . . ...
55-79.01 Definitions
As used in this article: A. "Land" is a three-dimensional concept and includes parcels with upper or lower boundaries, or both upper and lower boundaries, ...
55-79.02 Form of instrument
In any case where a residential ground rent is created, the agreement therefor shall: (i) Be reduced to writing; (ii) Be in recordable form; and ...
55-79.03 Changes in amount of rent
The amount of a residential ground rent may be changed on demand of either the obligor or obligee at the end of five years from ...
55-79.04 Encumbrance on real property
A residential ground rent shall constitute a lien against the real estate from the time it is recorded, in a like manner as would a ...
55-79.05 Redemption rights
The obligor shall have the right to redeem a residential ground rent at any time after three years from the date of the ground rent ...
55-79.06 Incorporation of agreement into deed
A ground rent agreement, made pursuant to the provisions of this article, may be incorporated into the deed or other instrument of transfer in the ...

Last modified: April 3, 2009