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OpenDocumentGenerally, deeds that provide warranties against encumbrances (e.g., general warranty or special warranty deeds) are most common in sales, whereas the warranty-free quit claim deeds are often used for transfers without consideration (compensation) such as conveyances between family members and the like.
Contents |
Types (5)
Deed of Trust – A deed whereby a debtor (the “grantor”) who has acquired a home loan and a creditor (the beneficiary”) agree to assign the property title to a trustee until the debt is fully paid.
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General Warranty Deed – A guarantee of the title’s condition and the owner’s right to transfer the title are included in this deed.
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Quit Claim Deed – A deed in which the new title holder will be liable for title encumbrances.
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Special Warranty Deed – Warranties in this deed are limited to the period in which the grantor owned the property; the grantee will be liable for title encumbrances that occurred before the grantor’s ownership.
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Transfer on Death Deed – Allows a person named in the deed to inherit the property after the owner passes away.
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Laws & Requirements
- Statutes: Title 55.1, Chapters 1 – 11 (Property and Conveyances)
- Formatting: § 17.1-223, § 55.1-300, § 55.1-316, § 55.1-604. Counties may have specific formatting requirements (see Fairfax County).
- Signing Requirements (§ 55.1-600 & § 55.1-612): Notary Public/Clerk of Court or Two (2) Witnesses
- Where to Record (§ 55.1-407(A)): County Circuit Court Clerk
- Recording Fees (§ 17.1-275(2)):
- $18 for documents of ten (10) or less pages, $32 for documents of eleven (11) to thirty (30) pages, $52 for documents of thirty-one pages or more.
- Virginia deeds are subject to a state recordation tax of ¢25 per $100 of the deed consideration or property value, whichever is greater (§ 58.1-801(A)).
- Virginia Deed Fees and Taxes Calculator
- Cover Sheet (§ 17.1-227.1): Required when recording a property deed in certain counties (§ 17.1-227.1).
- Virginia Land Record Cover Sheet – Generator (cannot be used for Fairfax Circuit Court filings)
- Fairfax Circuit Court Coversheet Generator
- Forms:
- Building Code or Zoning Ordinance Violations Disclosure (§ 55.1-706): Must be provided to the buyer if the property has building or zoning violations.
- Methamphetamine Disclosure (§ 55.1-708): Must be provided to the buyer if the property has a history of methamphetamine production and does not meet the post-cleanup target level (§ 32.1-11.7).
- Military Air Installation Disclosure (§ 55.1-704): Must be provided to buyers of property near a military air installation if the dwelling is within a noise and/or accident potential zone.
- New Dwelling Disclosure (§ 55.1-702(B)): Must be provided to the buyer if a newly built property has building code violations or if located on a mining worksite (including any abandoned pits, shafts, or mines).
- Privately Owned Stormwater Facility Disclosure (§ 55.1-708.1): Must be provided to the buyer if the property contains a private stormwater facility.
- Residential Property Disclosure Statement (§ 55.1-703(A)): Notifies a buyer that certain required property disclosures must be provided by the seller.
- Septic System Disclosure (§ 32.1-164.1:1): Must be provided to the buyer if the property’s septic system requires maintenance.