                                 CODE OF VIRGINIA

ELECTRONIC FILING OF LAND RECORDS; PAPER FORM (§ 17.1-258.3:1)

A. 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.

B. 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.

C. 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.

HISTORY: 2008, cc. 823, 833; 2010, c. 430; 2012, c. 234; 2013, c. 77; 2016, c.
264; 2017, cc. 90, 289.