                                 CODE OF VIRGINIA

SUBDIVISION OF A LOT OF PROPERTY HELD IN TRUST FOR A FAMILY MEMBER (§
15.2-2244.2)

In addition to §§ 15.2-2244 and 15.2-2244.1, a locality may include in its
subdivision ordinance provisions permitting a single division of a lot or parcel
for the purpose of sale or gift to a member of the immediate family, as defined
in § 15.2-2244, of beneficiaries of a trust, of land held in trust. All trust
beneficiaries must (i) be immediate family members as defined in § 15.2-2244,
(ii) agree that the property should be subdivided, and (iii) agree to place a
restrictive covenant on the subdivided property that would prohibit the transfer
of the property to a nonmember of the immediate family for a period of 15 years.
Notwithstanding the provisions of clause (iii), a locality may reduce or provide
exceptions to the period of years prescribed in such clause when changed
circumstances so require. Upon such modification of a restrictive covenant, a
locality shall execute a writing reflecting such modification, which writing
shall be recorded in accordance with § 17.1-227. The locality may require that
the subdivided lot is no more than one acre and otherwise meets any other
express requirement contained in the Code of Virginia or imposed by the local
governing body.

HISTORY: 2011, c. 141.