{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-258.3_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-258.3_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-258.3_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-258.3_1.html"}],"law_id":78198,"edition_id":1,"section_id":78198,"structure_id":15352,"section_number":"17.1-258.3:1","catch_line":"Electronic filing of land records; paper form","history":"2008, cc. 823, 833; 2010, c. 430; 2012, c. 234; 2013, c. 77; 2016, c. 264; 2017, cc. 90, 289.","full_text":"A\n\nA clerk of a circuit court may provide a network or system for electronic filing of land records in accordance with the provisions of Article 3 (&#xA7; 55.1-346 et seq.) of Chapter 3 of Title 55.1 regarding the satisfaction of mortgages and the Uniform Real Property Electronic Recording Act (&#xA7; 55.1-661 et seq.). The clerk may require each filer to provide proof of identity to the clerk. The clerk shall enter into an electronic filing agreement with each filer in accordance with Virginia Real Property Electronic Recording Standards established by the Virginia Information Technologies Agency. Nothing herein shall be construed to prevent the clerk from entering into agreements with designated application service providers to provide all or part of the network or system for electronic filing of land records as provided herein. Further, nothing herein shall be construed to require the electronic filing of any land record, and such records may continue to be filed in paper form.B\n\nAny clerk of a circuit court with an electronic filing system established in accordance with this section may charge a fee not to exceed $5 per instrument for every land record filed by paper. The fee shall be paid to the clerk&#8217;s office and deposited by the clerk into the clerk&#8217;s nonreverting local fund to be used exclusively to cover the operational expenses as defined in &#xA7; 17.1-295.C\n\nThe clerk shall maintain a disaster plan, as defined in &#xA7; 42.1-77, for recovery of any land record in possession of the clerk that is maintained as an electronic record.","order_by":null,"text":{"0":{"id":280307,"text":"A clerk of a circuit court may provide a network or system for electronic filing of land records in accordance with the provisions of Article 3 (&#xA7; 55.1-346 et seq.) of Chapter 3 of Title 55.1 regarding the satisfaction of mortgages and the Uniform Real Property Electronic Recording Act (&#xA7; 55.1-661 et seq.). The clerk may require each filer to provide proof of identity to the clerk. The clerk shall enter into an electronic filing agreement with each filer in accordance with Virginia Real Property Electronic Recording Standards established by the Virginia Information Technologies Agency. Nothing herein shall be construed to prevent the clerk from entering into agreements with designated application service providers to provide all or part of the network or system for electronic filing of land records as provided herein. Further, nothing herein shall be construed to require the electronic filing of any land record, and such records may continue to be filed in paper form.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":280308,"text":"Any clerk of a circuit court with an electronic filing system established in accordance with this section may charge a fee not to exceed $5 per instrument for every land record filed by paper. The fee shall be paid to the clerk&#8217;s office and deposited by the clerk into the clerk&#8217;s nonreverting local fund to be used exclusively to cover the operational expenses as defined in &#xA7; 17.1-295.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":280309,"text":"The clerk shall maintain a disaster plan, as defined in &#xA7; 42.1-77, for recovery of any land record in possession of the clerk that is maintained as an electronic record.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15352,"edition_id":1,"name":"Electronic Filing","identifier":"4.1","label":"article","depth":3,"order_by":1,"parent_id":13472,"metadata":{},"date_created":"2026-06-26 03:54:11","date_modified":"2026-06-26 03:54:11","permalink":{"id":163223,"object_type":"structure","relational_id":15352,"identifier":"4.1","token":"17.1\/2\/4.1","url":"\/17.1\/2\/4.1\/","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":58438,"structure_id":15352,"section_number":"17.1-258.2","catch_line":"Definition","url":"\/17.1-258.2\/","token":"17.1\/2\/4.1\/17.1-258.2","metadata":false},{"id":67866,"structure_id":15352,"section_number":"17.1-258.3","catch_line":"Electronic filing in civil or criminal proceedings","url":"\/17.1-258.3\/","token":"17.1\/2\/4.1\/17.1-258.3","metadata":false},{"id":78198,"structure_id":15352,"section_number":"17.1-258.3:1","catch_line":"Electronic filing of land records; paper form","url":"\/17.1-258.3_1\/","token":"17.1\/2\/4.1\/17.1-258.3_1","metadata":false},{"id":65365,"structure_id":15352,"section_number":"17.1-258.3:2","catch_line":"Official certificates and certified records in digital form","url":"\/17.1-258.3_2\/","token":"17.1\/2\/4.1\/17.1-258.3_2","metadata":false},{"id":85704,"structure_id":15352,"section_number":"17.1-258.3:3","catch_line":"Submission of records as electronic documents","url":"\/17.1-258.3_3\/","token":"17.1\/2\/4.1\/17.1-258.3_3","metadata":false},{"id":72881,"structure_id":15352,"section_number":"17.1-258.4","catch_line":"Signature; when effective as original; notarization; seal","url":"\/17.1-258.4\/","token":"17.1\/2\/4.1\/17.1-258.4","metadata":false},{"id":79549,"structure_id":15352,"section_number":"17.1-258.5","catch_line":"Application","url":"\/17.1-258.5\/","token":"17.1\/2\/4.1\/17.1-258.5","metadata":false},{"id":68491,"structure_id":15352,"section_number":"17.1-258.6","catch_line":"Acceptability of electronic medium; submission of trial court record to appellate court","url":"\/17.1-258.6\/","token":"17.1\/2\/4.1\/17.1-258.6","metadata":false}],"previous_section":{"id":67866,"structure_id":15352,"section_number":"17.1-258.3","catch_line":"Electronic filing in civil or criminal proceedings","url":"\/17.1-258.3\/","token":"17.1\/2\/4.1\/17.1-258.3","metadata":false},"next_section":{"id":65365,"structure_id":15352,"section_number":"17.1-258.3:2","catch_line":"Official certificates and certified records in digital form","url":"\/17.1-258.3_2\/","token":"17.1\/2\/4.1\/17.1-258.3_2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-258.3:1\/","history_text":"<p>This law was first created in 2008. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0823\">823<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0833\">833<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 5 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 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0430\">430<\/a>; in 2012, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0234\">234<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0077\">77<\/a>; in 2016, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0264\">264<\/a>; in 2017, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0090\">90<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0289\">289<\/a>.<\/p>","references":false,"refers_to":[{"id":58113,"section_number":"42.1-77","catch_line":"Definitions","order_by":null,"url":"\/42.1-77\/"},{"id":63720,"section_number":"55.1-346","catch_line":"Applicability","order_by":null,"url":"\/55.1-346\/"},{"id":66472,"section_number":"55.1-661","catch_line":"Definitions","order_by":null,"url":"\/55.1-661\/"}],"permalink":{"id":163233,"object_type":"law","relational_id":78198,"identifier":"17.1-258.3:1","token":"17.1\/2\/4.1\/17.1-258.3_1","url":"\/17.1-258.3_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-258.3_1\/","token":"17.1\/2\/4.1\/17.1-258.3_1","dublin_core":{"Title":"Electronic filing of land records; paper form","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-258.3:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A clerk of a <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> may provide a network or system for electronic filing of land records in accordance with the provisions of Article 3 (&#xA7; <a class=\"law\" title=\"Applicability\" href=\"\/55.1-346\/\">55.1-346<\/a> et seq.) of Chapter 3 of Title 55.1 regarding the satisfaction of mortgages and the Uniform Real Property Electronic Recording Act (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/55.1-661\/\">55.1-661<\/a> et seq.). The clerk may require each filer to provide proof of identity to the clerk. The clerk shall enter into an electronic filing agreement with each filer in accordance with Virginia Real Property Electronic Recording Standards established by the Virginia Information Technologies Agency. Nothing herein shall be construed to prevent the clerk from entering into agreements with designated application service providers to provide all or part of the network or system for electronic filing of land records as provided herein. Further, nothing herein shall be construed to require the electronic filing of any land record, and such records may continue to be filed in paper form. <a id=\"paragraph-280307\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-258.3_1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Any clerk of a <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> with an electronic filing system established in accordance with this section may charge a fee not to exceed $5 per instrument for every land record filed by paper. The fee shall be paid to the clerk&#8217;s office and deposited by the clerk into the clerk&#8217;s nonreverting local fund to be used exclusively to cover the <span class=\"dictionary\">operational expenses<\/span> as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/17.1-295\/\">17.1-295<\/a>. <a id=\"paragraph-280308\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-258.3_1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The clerk shall maintain a disaster plan, as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/42.1-77\/\">42.1-77<\/a>, for recovery of any land record in <span class=\"dictionary\">possession<\/span> of the clerk that is maintained as an electronic record. <a id=\"paragraph-280309\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/17.1-258.3_1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nELECTRONIC FILING OF LAND RECORDS; PAPER FORM (\u00a7 17.1-258.3:1)\n\nA. A clerk of a circuit court may provide a network or system for electronic\nfiling of land records in accordance with the provisions of Article 3 (&#xA7;\n55.1-346 et seq.) of Chapter 3 of Title 55.1 regarding the satisfaction of\nmortgages and the Uniform Real Property Electronic Recording Act (&#xA7;\n55.1-661 et seq.). The clerk may require each filer to provide proof of identity\nto the clerk. The clerk shall enter into an electronic filing agreement with\neach filer in accordance with Virginia Real Property Electronic Recording\nStandards established by the Virginia Information Technologies Agency. Nothing\nherein shall be construed to prevent the clerk from entering into agreements\nwith designated application service providers to provide all or part of the\nnetwork or system for electronic filing of land records as provided herein.\nFurther, nothing herein shall be construed to require the electronic filing of\nany land record, and such records may continue to be filed in paper form.\n\nB. Any clerk of a circuit court with an electronic filing system established in\naccordance with this section may charge a fee not to exceed $5 per instrument\nfor every land record filed by paper. The fee shall be paid to the clerk&#8217;s\noffice and deposited by the clerk into the clerk&#8217;s nonreverting local fund\nto be used exclusively to cover the operational expenses as defined in &#xA7;\n17.1-295.\n\nC. The clerk shall maintain a disaster plan, as defined in &#xA7; 42.1-77, for\nrecovery of any land record in possession of the clerk that is maintained as an\nelectronic record.\n\nHISTORY: 2008, cc. 823, 833; 2010, c. 430; 2012, c. 234; 2013, c. 77; 2016, c.\n264; 2017, cc. 90, 289.","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}}