Real Estate Records in Virginia

In Virginia, various types of real estate records are maintained at county and city clerk’s offices. These documents serve to establish property ownership, track transfers, and document financial interests in properties. Here’s an overview of the key types of real estate records you’ll find in Virginia:

1. Deeds

Deeds are the most fundamental real estate records, documenting the transfer of property ownership from one party to another. In Virginia, several types of deeds exist:

• General Warranty Deed: Provides the highest level of protection, guaranteeing that the seller has clear title to the property and that there are no undisclosed claims.
• Special Warranty Deed: Guarantees only against claims that arose during the seller’s ownership period.
• Quitclaim Deed: Offers no warranty; simply transfers whatever interest the grantor may have in the property.
• Bargain and Sale Deed: Implies the grantor owns the property but offers no explicit warranties.

2. Deeds of Trust/Mortgages

These documents record the financial interest of lenders in properties:

• In Virginia, deeds of trust are more common than mortgages
• They create a security interest in the property to secure a loan
• They name a trustee who can foreclose if the borrower defaults

3. Liens

Liens represent claims against a property for unpaid debts:

• Tax Liens: Filed by government entities for unpaid property taxes
• Mechanic’s Liens: Filed by contractors who performed work but weren’t paid
• Judgment Liens: Result from court judgments against the property owner

4. Easements

Easements grant specific rights to use property owned by someone else:

• Utility Easements: Allow utility companies to access property
• Right-of-Way Easements: Provide access across one property to reach another
• Conservation Easements: Restrict development to preserve natural resources

5. Plats and Surveys

These documents provide visual representations of properties:

• Plats: Show property divisions, dimensions, and boundaries
• Surveys: Detail the exact measurements and boundaries of a property
• Subdivision Plats: Document how larger parcels are divided into lots

6. Restrictive Covenants and HOA Documents

These establish rules and restrictions for property use:

• Restrictive Covenants: Limit how property can be used
• HOA Bylaws and CC&Rs: Detail homeowners association rules and regulations
• Condominium Declarations: Establish ownership rights in condominium properties

7. Public Records Access in Virginia

Virginia maintains real estate records at the county or city level:

• Records are typically available at the Circuit Court Clerk’s office
• Many localities now offer online access to records
• The Virginia Land Records Management System is used by many counties

These records are crucial for real estate transactions, title research, and establishing clear chains of ownership in Virginia’s real estate market.