{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-223.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-223.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-223.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-223.html"}],"law_id":78488,"edition_id":1,"section_id":78488,"structure_id":13894,"section_number":"17.1-223","catch_line":"Duty of clerk to record writings, etc., and make index","history":"Code 1919, \u00a7 3392, \u00a7 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; 2021, Sp. Sess. I, c. 78.","full_text":"A\n\nEvery 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\n\nThe 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\n\nIf the clerk has an eRecording System as defined in § 55.1-661, the clerk shall follow the provisions of this section, and the Uniform Real Property Electronic Recording Act (§ 55.1-661 et seq.), for recordation of documents. If the clerk does not have an eRecording System, the clerk shall record a legible paper copy of an electronic document, provided that such copy (i) otherwise meets the requirements of this section for recordation and (ii) is certified to be a true and correct copy of the electronic original by the attorney, settlement agent, or other party who submits the document for recordation. If a clerk’s eRecording System is not operational at any time, or the eRecording System does not accept the type of electronic document being submitted, such clerk shall use the process for recording a legible paper copy of an electronic copy as set out herein. An affidavit under this section may be made in the following form, or to the same effect:\n\t\t\tAffidavit of Submitter\n\t\t\tThe undersigned affiant, being first duly sworn, deposes and states as follows, prepared pursuant to § 17.1-223 of the Code of Virginia, that the attached electronic document is a true and correct copy of the electronic original.\n\t\t\t(Name of submitter) ________________\n\t\t\t(Signature of submitter) ________________\n\t\t\t(Address of submitter) ________________\n\t\t\t(Telephone of submitter) ________________\n\t\t\t(Email of submitter) ________________\n\t\t\tThe foregoing affidavit was acknowledged before me this ________ day of ________, 20__, by\n\t\t\tNotary public: ________________\n\t\t\tMy commission expires: ________________.\n\t\t\tNotary Registration Number: ________________.D\n\nA 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 shall be recorded by the clerk, if such document otherwise meets the requirements of this section for recordation.E\n\nIf 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.","order_by":null,"text":{"0":{"id":281316,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":281317,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":281318,"text":"If the clerk has an eRecording System as defined in § 55.1-661, the clerk shall follow the provisions of this section, and the Uniform Real Property Electronic Recording Act (§ 55.1-661 et seq.), for recordation of documents. If the clerk does not have an eRecording System, the clerk shall record a legible paper copy of an electronic document, provided that such copy (i) otherwise meets the requirements of this section for recordation and (ii) is certified to be a true and correct copy of the electronic original by the attorney, settlement agent, or other party who submits the document for recordation. If a clerk’s eRecording System is not operational at any time, or the eRecording System does not accept the type of electronic document being submitted, such clerk shall use the process for recording a legible paper copy of an electronic copy as set out herein. An affidavit under this section may be made in the following form, or to the same effect:\n\t\t\tAffidavit of Submitter\n\t\t\tThe undersigned affiant, being first duly sworn, deposes and states as follows, prepared pursuant to § 17.1-223 of the Code of Virginia, that the attached electronic document is a true and correct copy of the electronic original.\n\t\t\t(Name of submitter) ________________\n\t\t\t(Signature of submitter) ________________\n\t\t\t(Address of submitter) ________________\n\t\t\t(Telephone of submitter) ________________\n\t\t\t(Email of submitter) ________________\n\t\t\tThe foregoing affidavit was acknowledged before me this ________ day of ________, 20__, by\n\t\t\tNotary public: ________________\n\t\t\tMy commission expires: ________________.\n\t\t\tNotary Registration Number: ________________.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":281319,"text":"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 shall be recorded by the clerk, if such document otherwise meets the requirements of this section for recordation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":281320,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13894,"edition_id":1,"name":"Records, Recordation and Indexing Generally","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13472,"metadata":{},"date_created":"2026-06-26 03:46:13","date_modified":"2026-06-26 03:46:13","permalink":{"id":163071,"object_type":"structure","relational_id":13894,"identifier":"3","token":"17.1\/2\/3","url":"\/17.1\/2\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13472,"edition_id":1,"name":"Clerks, Clerks' Offices and Records","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12766,"metadata":{},"date_created":"2026-06-26 03:44:58","date_modified":"2026-06-26 03:44:58","permalink":{"id":162961,"object_type":"structure","relational_id":13472,"identifier":"2","token":"17.1\/2","url":"\/17.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12766,"edition_id":1,"name":"Courts of Record","identifier":"17.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":162799,"object_type":"structure","relational_id":12766,"identifier":"17.1","token":"17.1","url":"\/17.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78488,"structure_id":13894,"section_number":"17.1-223","catch_line":"Duty of clerk to record writings, etc., and make index","url":"\/17.1-223\/","token":"17.1\/2\/3\/17.1-223","metadata":false},{"id":75760,"structure_id":13894,"section_number":"17.1-224","catch_line":"Copy of illegible instrument used for making permanent record","url":"\/17.1-224\/","token":"17.1\/2\/3\/17.1-224","metadata":false},{"id":69099,"structure_id":13894,"section_number":"17.1-225","catch_line":"Remote access to nonconfidential court records","url":"\/17.1-225\/","token":"17.1\/2\/3\/17.1-225","metadata":false},{"id":59592,"structure_id":13894,"section_number":"17.1-226","catch_line":"Remote access to certain agencies from clerk of court","url":"\/17.1-226\/","token":"17.1\/2\/3\/17.1-226","metadata":false},{"id":54933,"structure_id":13894,"section_number":"17.1-227","catch_line":"Documents to be recorded in deed books; social security numbers","url":"\/17.1-227\/","token":"17.1\/2\/3\/17.1-227","metadata":false},{"id":72471,"structure_id":13894,"section_number":"17.1-227.1","catch_line":"Use of cover sheets on deeds or other instruments by circuit court clerks","url":"\/17.1-227.1\/","token":"17.1\/2\/3\/17.1-227.1","metadata":false},{"id":85458,"structure_id":13894,"section_number":"17.1-228","catch_line":"Recording releases of deeds of trust, partial releases of deeds of trust, court ordered releases, or other liens or assignments in cities and counties using microfilm","url":"\/17.1-228\/","token":"17.1\/2\/3\/17.1-228","metadata":false},{"id":86187,"structure_id":13894,"section_number":"17.1-229","catch_line":"Additional documents to be recorded in deed book","url":"\/17.1-229\/","token":"17.1\/2\/3\/17.1-229","metadata":false},{"id":77809,"structure_id":13894,"section_number":"17.1-230","catch_line":"Documents to be recorded in bond book","url":"\/17.1-230\/","token":"17.1\/2\/3\/17.1-230","metadata":false},{"id":72508,"structure_id":13894,"section_number":"17.1-231","catch_line":"Documents to be recorded in will book","url":"\/17.1-231\/","token":"17.1\/2\/3\/17.1-231","metadata":false},{"id":70937,"structure_id":13894,"section_number":"17.1-232","catch_line":"What to be recorded in judgment docket","url":"\/17.1-232\/","token":"17.1\/2\/3\/17.1-232","metadata":false},{"id":69816,"structure_id":13894,"section_number":"17.1-233","catch_line":"What to be recorded in marriage register","url":"\/17.1-233\/","token":"17.1\/2\/3\/17.1-233","metadata":false},{"id":80834,"structure_id":13894,"section_number":"17.1-234","catch_line":"Documents to be recorded in \"writings partially proved.\"","url":"\/17.1-234\/","token":"17.1\/2\/3\/17.1-234","metadata":false},{"id":73638,"structure_id":13894,"section_number":"17.1-235","catch_line":"Recordation of federal farm loan mortgages","url":"\/17.1-235\/","token":"17.1\/2\/3\/17.1-235","metadata":false},{"id":77409,"structure_id":13894,"section_number":"17.1-236","catch_line":"Recordation of plats and maps","url":"\/17.1-236\/","token":"17.1\/2\/3\/17.1-236","metadata":false},{"id":57772,"structure_id":13894,"section_number":"17.1-237","catch_line":"Validation of recordations in certain plat books","url":"\/17.1-237\/","token":"17.1\/2\/3\/17.1-237","metadata":false},{"id":84039,"structure_id":13894,"section_number":"17.1-238","catch_line":"State highway plat book","url":"\/17.1-238\/","token":"17.1\/2\/3\/17.1-238","metadata":false},{"id":66342,"structure_id":13894,"section_number":"17.1-239","catch_line":"Character of books used for recording; standards for microfilm, etc","url":"\/17.1-239\/","token":"17.1\/2\/3\/17.1-239","metadata":false},{"id":82298,"structure_id":13894,"section_number":"17.1-240","catch_line":"Recording by microphotographic or electronic process","url":"\/17.1-240\/","token":"17.1\/2\/3\/17.1-240","metadata":false},{"id":82024,"structure_id":13894,"section_number":"17.1-241","catch_line":"Clerks to procure books for record","url":"\/17.1-241\/","token":"17.1\/2\/3\/17.1-241","metadata":false},{"id":63003,"structure_id":13894,"section_number":"17.1-242","catch_line":"Custody of books, records, etc","url":"\/17.1-242\/","token":"17.1\/2\/3\/17.1-242","metadata":false},{"id":71474,"structure_id":13894,"section_number":"17.1-243","catch_line":"Clerks to have land books bound","url":"\/17.1-243\/","token":"17.1\/2\/3\/17.1-243","metadata":false},{"id":83594,"structure_id":13894,"section_number":"17.1-244","catch_line":"Books, etc., in clerks' offices rebound, transcribed, microfilmed or digitally reproduced; credit given to transcripts, etc","url":"\/17.1-244\/","token":"17.1\/2\/3\/17.1-244","metadata":false},{"id":84190,"structure_id":13894,"section_number":"17.1-245","catch_line":"Books may be taken from clerk's office to be rebound, etc","url":"\/17.1-245\/","token":"17.1\/2\/3\/17.1-245","metadata":false},{"id":70521,"structure_id":13894,"section_number":"17.1-246","catch_line":"How costs thereof certified and paid","url":"\/17.1-246\/","token":"17.1\/2\/3\/17.1-246","metadata":false},{"id":61759,"structure_id":13894,"section_number":"17.1-247","catch_line":"Repealed","url":"\/17.1-247\/","token":"17.1\/2\/3\/17.1-247","metadata":false},{"id":70377,"structure_id":13894,"section_number":"17.1-248","catch_line":"Clerk to make index to each of his books","url":"\/17.1-248\/","token":"17.1\/2\/3\/17.1-248","metadata":false},{"id":64098,"structure_id":13894,"section_number":"17.1-249","catch_line":"General indexes for clerks' offices; daily index","url":"\/17.1-249\/","token":"17.1\/2\/3\/17.1-249","metadata":false},{"id":78069,"structure_id":13894,"section_number":"17.1-250","catch_line":"Correction of indexes","url":"\/17.1-250\/","token":"17.1\/2\/3\/17.1-250","metadata":false},{"id":72247,"structure_id":13894,"section_number":"17.1-251","catch_line":"Indexing of certain subdivision plats or maps","url":"\/17.1-251\/","token":"17.1\/2\/3\/17.1-251","metadata":false},{"id":54968,"structure_id":13894,"section_number":"17.1-252","catch_line":"Indexing by tax map reference number","url":"\/17.1-252\/","token":"17.1\/2\/3\/17.1-252","metadata":false},{"id":85314,"structure_id":13894,"section_number":"17.1-253","catch_line":"Committee to inquire into necessity of general index; report; plan adopted; locality to cover cost","url":"\/17.1-253\/","token":"17.1\/2\/3\/17.1-253","metadata":false},{"id":77546,"structure_id":13894,"section_number":"17.1-254","catch_line":"Validation of judgment records in office of clerk of Circuit Court of Norfolk","url":"\/17.1-254\/","token":"17.1\/2\/3\/17.1-254","metadata":false}],"next_section":{"id":75760,"structure_id":13894,"section_number":"17.1-224","catch_line":"Copy of illegible instrument used for making permanent record","url":"\/17.1-224\/","token":"17.1\/2\/3\/17.1-224","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-223\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 13 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1979, chapter 527; in 1983, chapter 293; in 1985, chapter 246; in 1986, chapter 167; in 1990, chapter 374; in 1996, chapter 454<\/a>; in 1998, chapter 872<\/a>; in 2004, chapter 336<\/a>; in 2007, chapter 451<\/a>; in 2008, chapters 117<\/a>, 814<\/a>, 823<\/a>, and 833<\/a>; in 2012, chapter 74<\/a>; in 2013, chapter 193<\/a>; in 2014, chapter 338<\/a>.<\/p>","references":[{"id":71129,"section_number":"15.2-2254","catch_line":"Statutory provisions effective after ordinance adopted","order_by":null,"url":"\/15.2-2254\/"},{"id":78488,"section_number":"17.1-223","catch_line":"Duty of clerk to record writings, etc., and make index","order_by":null,"url":"\/17.1-223\/"},{"id":72471,"section_number":"17.1-227.1","catch_line":"Use of cover sheets on deeds or other instruments by circuit court clerks","order_by":null,"url":"\/17.1-227.1\/"},{"id":64098,"section_number":"17.1-249","catch_line":"General indexes for clerks' offices; daily index","order_by":null,"url":"\/17.1-249\/"},{"id":64543,"section_number":"55.1-606","catch_line":"Standards for writings to be docketed or recorded","order_by":null,"url":"\/55.1-606\/"},{"id":55905,"section_number":"58.1-3303","catch_line":"Clerks to forward copies of certain receipts and make certain reports regarding deeds and property transfers to local commissioners and Department","order_by":null,"url":"\/58.1-3303\/"},{"id":71524,"section_number":"64.2-1310","catch_line":"Recordation of inventories and accounts of sales","order_by":null,"url":"\/64.2-1310\/"},{"id":76698,"section_number":"64.2-628","catch_line":"Requirements","order_by":null,"url":"\/64.2-628\/"}],"refers_to":[{"id":78488,"section_number":"17.1-223","catch_line":"Duty of clerk to record writings, etc., and make index","order_by":null,"url":"\/17.1-223\/"},{"id":72471,"section_number":"17.1-227.1","catch_line":"Use of cover sheets on deeds or other instruments by circuit court clerks","order_by":null,"url":"\/17.1-227.1\/"},{"id":66342,"section_number":"17.1-239","catch_line":"Character of books used for recording; standards for microfilm, etc","order_by":null,"url":"\/17.1-239\/"},{"id":64098,"section_number":"17.1-249","catch_line":"General indexes for clerks' offices; daily index","order_by":null,"url":"\/17.1-249\/"},{"id":58694,"section_number":"47.1-1","catch_line":"Short title","order_by":null,"url":"\/47.1-1\/"},{"id":66472,"section_number":"55.1-661","catch_line":"Definitions","order_by":null,"url":"\/55.1-661\/"},{"id":72560,"section_number":"58.1-801","catch_line":"Deeds generally; charter amendments","order_by":null,"url":"\/58.1-801\/"},{"id":71823,"section_number":"58.1-807","catch_line":"Contracts generally; leases","order_by":null,"url":"\/58.1-807\/"}],"permalink":{"id":163073,"object_type":"law","relational_id":78488,"identifier":"17.1-223","token":"17.1\/2\/3\/17.1-223","url":"\/17.1-223\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-223\/","token":"17.1\/2\/3\/17.1-223","dublin_core":{"Title":"Duty of clerk to record writings, etc., and make index","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-223","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every writing authorized by law<\/span> to be recorded, with all certificates, plats, schedules<\/span> 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<\/a>. However, unless a cover sheet is submitted with the writing in accordance with § 17.1-227.1<\/a>, the clerk has the authority to reject any writing for recordation unless (i) as to any individual who is a party<\/span> 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<\/a> or 58.1-807<\/a>, 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<\/span> 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<\/span> 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<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The attorney or party<\/span> 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<\/span> 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<\/span> of Virginia so state without the name of an attorney or bar number. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the clerk has an eRecording System as defined in § 55.1-661<\/a>, the clerk shall follow the provisions of this section, and the Uniform Real Property Electronic Recording Act (§ 55.1-661<\/a> et seq.), for recordation of documents. If the clerk does not have an eRecording System, the clerk shall record a legible paper copy of an electronic document, provided that such copy (i) otherwise meets the requirements of this section for recordation and (ii) is certified to be a true and correct copy of the electronic original by the attorney, settlement<\/span> agent, or other party<\/span> who submits the document for recordation. If a clerk’s eRecording System is not operational at any time, or the eRecording System does not accept the type of electronic document being submitted, such clerk shall use the process for recording a legible paper copy of an electronic copy as set out herein. An affidavit<\/span> under this section may be made in the following form, or to the same effect:\n\t\t\tAffidavit<\/span> of Submitter\n\t\t\tThe undersigned affiant, being first duly sworn, deposes and states as follows, prepared pursuant to § 17.1-223<\/a> of the Code of Virginia, that the attached electronic document is a true and correct copy of the electronic original.\n\t\t\t(Name of submitter) ________________\n\t\t\t(Signature of submitter) ________________\n\t\t\t(Address of submitter) ________________\n\t\t\t(Telephone of submitter) ________________\n\t\t\t(Email of submitter) ________________\n\t\t\tThe foregoing affidavit<\/span> was acknowledged before me this ________ day of ________, 20__, by\n\t\t\tNotary public: ________________\n\t\t\tMy commission expires: ________________.\n\t\t\tNotary Registration Number: ________________. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A writing that appears on its face to have been properly notarized in accordance with the Virginia Notary Act (§ 47.1-1<\/a> et seq.) shall be presumed to have been notarized properly and shall be recorded by the clerk, if such document otherwise meets the requirements of this section for recordation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> 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<\/a> 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDUTY OF CLERK TO RECORD WRITINGS, ETC., AND MAKE INDEX (\u00a7 17.1-223)\n\nA. Every writing authorized by law to be recorded, with all certificates, plats,\nschedules or other papers thereto annexed or thereon endorsed, upon payment of\nfees for the same and the tax thereon, if any, shall, when admitted to record,\nbe recorded by or under the direction of the clerk on such media as are\nprescribed by § 17.1-239. However, unless a cover sheet is submitted with\nthe writing in accordance with § 17.1-227.1, the clerk has the authority to\nreject any writing for recordation unless (i) as to any individual who is a\nparty to such writing, the surname only of such individual is underscored or\nwritten entirely in capital letters in the first clause of the writing that\nidentifies the names of the parties; (ii) each page of the writing is numbered\nconsecutively; (iii) in the case of a writing described in § 58.1-801 or\n58.1-807, the amount of the consideration and the actual value of the property\nconveyed is stated on the first page of the writing; (iv) the laws of the United\nStates or the Commonwealth under which any exemption from recordation taxes is\nclaimed is clearly stated on the face of the writing; and (v) the name of each\nparty to such writing under whose name the writing is to be indexed as grantor,\ngrantee, or both is listed in the first clause of the writing that identifies\nthe names of the parties and identified therein as grantor, grantee, or both, as\napplicable. Such writing, once recorded, may be returned to any party to such\nwriting who is identified therein as a grantee unless otherwise indicated\nclearly on the face of the writing, or any cover sheet, including an appropriate\ncurrent address to which such writing shall be returned.\n\nB. The attorney or party who prepares the writing for recordation shall ensure\nthat the writing satisfies the requirements of subsection A and that (i) the\nsocial security number is removed from the writing prior to the instrument being\nsubmitted for recordation, (ii) a deed conveying residential property containing\nnot more than four residential dwelling units states on the first page of the\ndocument the name of the title insurance underwriter insuring such instrument or\na statement that the existence of title insurance is unknown to the preparer,\nand (iii) a deed conveying residential property containing not more than four\nresidential dwelling units states on the first page of the document that it was\nprepared by the owner of the real property or by an attorney licensed to\npractice law in the Commonwealth where such statement by an attorney shall\ninclude the name and Virginia State Bar number of the attorney who prepared the\ndeed, provided, however, that clause (iii) shall not apply to deeds of trust or\nto deeds in which a public service company, railroad, or cable system operator\nis either a grantor or grantee, and it shall be sufficient for the purposes of\nclause (iii) that deeds prepared under the supervision of the Office of the\nAttorney General of Virginia so state without the name of an attorney or bar\nnumber.\n\nC. If the clerk has an eRecording System as defined in § 55.1-661, the\nclerk shall follow the provisions of this section, and the Uniform Real Property\nElectronic Recording Act (§ 55.1-661 et seq.), for recordation of\ndocuments. If the clerk does not have an eRecording System, the clerk shall\nrecord a legible paper copy of an electronic document, provided that such copy\n(i) otherwise meets the requirements of this section for recordation and (ii) is\ncertified to be a true and correct copy of the electronic original by the\nattorney, settlement agent, or other party who submits the document for\nrecordation. If a clerk’s eRecording System is not operational at any\ntime, or the eRecording System does not accept the type of electronic document\nbeing submitted, such clerk shall use the process for recording a legible paper\ncopy of an electronic copy as set out herein. An affidavit under this section\nmay be made in the following form, or to the same effect:\n\t\t\tAffidavit of Submitter\n\t\t\tThe undersigned affiant, being first duly sworn, deposes and states as\nfollows, prepared pursuant to § 17.1-223 of the Code of Virginia, that the\nattached electronic document is a true and correct copy of the electronic\noriginal.\n\t\t\t(Name of submitter) ________________\n\t\t\t(Signature of submitter) ________________\n\t\t\t(Address of submitter) ________________\n\t\t\t(Telephone of submitter) ________________\n\t\t\t(Email of submitter) ________________\n\t\t\tThe foregoing affidavit was acknowledged before me this ________ day of\n________, 20__, by\n\t\t\tNotary public: ________________\n\t\t\tMy commission expires: ________________.\n\t\t\tNotary Registration Number: ________________.\n\nD. A writing that appears on its face to have been properly notarized in\naccordance with the Virginia Notary Act (§ 47.1-1 et seq.) shall be\npresumed to have been notarized properly and shall be recorded by the clerk, if\nsuch document otherwise meets the requirements of this section for recordation.\n\nE. If the writing is accepted for recordation in the deed books, it shall be\ndeemed to be validly recorded for all purposes. Such books shall be indexed by\nthe clerk as provided by § 17.1-249 and carefully preserved. Upon admitting\nany such writing or other paper to record, the clerk shall endorse thereon the\nday and time of day of such recordation. More than one book may be used\ncontemporaneously under the direction of the clerk for the recordation of the\nwritings mentioned in this section whenever it may be necessary to use more than\none book for the proper conduct of the business of the clerk’s office.\n\nHISTORY: Code 1919, \u00a7 3392, \u00a7 17-59; 1926, p. 465; 1934, p. 514; 1979, c. 527;\n1983, c. 293; 1985, c. 246; 1986, c. 167; 1990, c. 374; 1996, c. 454; 1998, c.\n872; 2004, c. 336; 2007, c. 451; 2008, cc. 117, 814, 823, 833; 2012, c. 74;\n2013, c. 193; 2014, c. 338; 2021, Sp. Sess. I, c. 78.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}