                                 CODE OF VIRGINIA

CORRECTING ERRORS IN DEEDS, DEEDS OF TRUST, AND MORTGAGES; AFFIDAVIT (§
55.1-609)

A. As used in this section, unless the context requires a different meaning:
			&#8220;Attorney&#8221;  means any person licensed as an attorney in Virginia
by the Virginia State Bar.
			&#8220;Corrective affidavit&#8221;  means an affidavit of an attorney
correcting an obvious description error.
			&#8220;Obvious description error&#8221;  means an error in a real property
parcel description contained in a recorded deed, deed of trust, or mortgage
where (i) such parcel is identified and shown as a separate parcel on a recorded
subdivision plat; (ii) such error is apparent by reference to other information
on the face of such deed, deed of trust, or mortgage or on an attachment to such
deed, deed of trust, or mortgage or by reference to other instruments in the
chain of title for the property conveyed thereby; and (iii) such deed, deed of
trust, or mortgage recites elsewhere the parcel&#8217;s correct address or tax
map identification number. An &#8220;obvious description error&#8221; includes
(a) an error transcribing courses and distances, including the omission of one
or more lines of courses and distances or the omission of angles and compass
directions; (b) an error incorporating an incorrect recorded plat or a deed
reference; (c) an error in a lot number or designation; or (d) an omitted
exhibit supplying the legal description of the real property thereby conveyed.
An &#8220;obvious description error&#8221; does not include (1) missing or
improper signatures or acknowledgments or (2) any designation of the type of
tenancy by which the property is owned or whether or not a right of survivorship
exists.
			&#8220;Recorded subdivision plat&#8221;  means a plat that has been prepared
by a land surveyor licensed pursuant to Article 1 (&#xA7; 54.1-400 et seq.) of
Chapter 4 of Title 54.1 and recorded in the clerk&#8217;s office of the circuit
court for the jurisdiction where the property is located.
			&#8220;Title insurance company&#8221;  has the same meaning as set forth in
&#xA7; 38.2-4601, provided that the title insurance company issued a policy of
title insurance for the transaction in which the deed, deed of trust, or
mortgage needing correction was recorded.

B. Obvious description errors in a recorded deed, deed of trust, or mortgage
purporting to convey or transfer an interest in real property may be corrected
by recording an affidavit in the land records of the circuit court for the
jurisdiction where the property is located or where the deed, deed of trust, or
mortgage needing correction was recorded. No correction of an obvious
description error shall be inconsistent with the description of the property in
any recorded subdivision plat.

C. Prior to recording a corrective affidavit, the attorney seeking to record the
affidavit shall deliver a copy of the affidavit to all parties to the deed, deed
of trust, or mortgage, including the current owner of the property; to the
attorney who prepared the deed, deed of trust, or mortgage, if known and if
possible; and to the title insurance company, if known, and give notice of the
intent to record the affidavit and of each party&#8217;s right to object to the
affidavit. For an affidavit to correct an obvious description error in a deed as
described in clause (a) of the definition of &#8220;obvious description
error&#8221; in subsection A, notice and a copy of the affidavit shall also be
provided to any owner of property adjoining a line to be corrected. The notice
and a copy of the affidavit shall be delivered by personal service, sent by
certified mail, return receipt requested, or delivered by a commercial overnight
delivery service or the United States Postal Service, and a receipt obtained, to
the last known address of each party to the deed, deed of trust, or mortgage to
be corrected that (i) is contained in the land book maintained pursuant to
&#xA7; 58.1-3301 by the jurisdiction where the property is located and where the
deed, deed of trust, or mortgage needing correction was recorded; (ii) is
contained in the deed, deed of trust, or mortgage needing correction; (iii) has
been provided to the attorney as a forwarding address; or (iv) has been
established with reasonable certainty by other means, and to all other persons
and entities to whom notice is required to be given. The notice and a copy of
the affidavit shall be sent to the property address for the real property
conveyed by the deed, deed of trust, or mortgage needing correction. If a
locality is a party to the deed, deed of trust, or mortgage, the notice and a
copy of the affidavit required by this subsection shall be sent to the county,
city, or town attorney for the locality, if any, and if there is no such
attorney, then to the chief executive for the locality. For the purposes of this
section, the term &#8220;party&#8221; includes any locality that is a signatory.
If the Commonwealth is a party to the deed, deed of trust, or mortgage, the
notice and a copy of the affidavit required by this subsection shall be sent to
the Attorney General and to the director, chief executive officer, or head of
the state agency or chairman of the board of the state entity in possession or
that had possession of the property.

D. If, within 30 days after personal service or receiving confirmation of
delivery of the notice and a copy of the affidavit (i) to all parties to the
deed, deed of trust, or mortgage, including the current owner of the property;
(ii) to the attorney who prepared the deed, deed of trust, or mortgage, if known
and if possible; (iii) to the title insurance company, if known; and (iv) to the
adjoining property owners, if necessary, pursuant to subsection C, no written
objection is received from any party disputing the facts recited in the
affidavit or objecting to its recordation, the corrective affidavit may be
recorded by the attorney, and all parties to the deed, deed of trust, or
mortgage shall be bound by the terms of the affidavit. The corrective affidavit
shall contain (a) a statement that no objection was received from any party
within the period and (b) a copy of the notice sent to the parties. The notice
shall contain the attorney&#8217;s Virginia State Bar number. The corrective
affidavit shall be notarized.

E. A corrective affidavit that is recorded pursuant to this section operates as
a correction of the deed, deed of trust, or mortgage and relates back to the
date of the original recordation of the deed, deed of trust, or mortgage as if
the deed, deed of trust, or mortgage was correct when first recorded. A title
insurance company, upon request, shall issue an endorsement to reflect the
corrections made by the corrective affidavit and shall deliver a copy of the
endorsement to all parties to the policy who can be found.

F. The clerk shall record the corrective affidavit in the deed book and,
notwithstanding their designation in the deed, deed of trust, or mortgage
needing correction, index the affidavit in the names of the parties to the deed,
deed of trust, or mortgage as grantors and grantees as set forth in the
affidavit. The costs associated with the recording of a corrective affidavit
pursuant to this section shall be paid by the party that records the corrective
affidavit. An affidavit recorded in compliance with this section shall be prima
facie evidence of the facts stated in such affidavit. Any person who wrongfully
or erroneously records a corrective affidavit is liable for actual damages
sustained by any party due to such recordation, including reasonable attorney
fees and costs.

G. The remedies under this section are not exclusive and do not abrogate any
right or remedy under the laws of the Commonwealth other than this section.

H. An affidavit under this section may be made in the following form, or to the
same effect:
			Corrective Affidavit
			This Affidavit, prepared pursuant to Virginia Code § 55.1-609, shall be
indexed in the names of ________(grantor) and ________ (grantee), whose
addresses are ________. The undersigned affiant, being first duly sworn, deposes
and states as follows:

   1. That the affiant is a Virginia attorney.

   2. That the deed, deed of trust, or mortgage needing correction was made in
   connection with a real estate transaction in which ________ purchased real
   estate from ________, as shown in a deed recorded in the Clerk&#8217;s Office
   of the Circuit Court of ________, in Deed Book ____, Page ____, or as
   Instrument Number ____; or in which real estate was encumbered, as shown in a
   deed recorded in the Clerk&#8217;s Office of the Circuit Court of ________, in
   Deed Book ____, Page ____, or as Instrument Number ____.

   3. That the property description in the aforementioned deed, deed of trust, or
   mortgage contains an obvious description error.

   4. That the property description containing the obvious description error
   reads:
   				________________
   				________________.

   5. That the correct property description should read:
   				________________
   				________________.

   6. That this affidavit is given pursuant to &#xA7; 55.1-609 of the Code of
   Virginia to correct the property description in the aforementioned deed, deed
   of trust, or mortgage and such description shall be as stated in paragraph 5
   above upon recordation of this affidavit in the Circuit Court of ________.

   7. That notice of the intent to record this corrective affidavit and a copy of
   this affidavit was delivered to all parties to the deed, deed of trust, or
   mortgage being corrected pursuant to &#xA7; 55.1-609 of the Code of Virginia
   and that no objection to the recordation of this affidavit was received within
   the applicable period of time as set forth in &#xA7; 55.1-609 of the Code of
   Virginia.
   				________________
   				(Name of attorney)
   				________________
   				(Signature of attorney)
   				________________
   				(Address of attorney)
   				________________
   				(Telephone number of attorney)
   				________________
   				(Bar number of attorney)
   				The foregoing affidavit was acknowledged before me
   				This ______ day of ______, 20__, by
   				________________
   				Notary Public
   				My Commission expires ________.
   				Notary Registration Number: ________.

I. Notice under this section may be made in the following form, or to the same
effect:
			Notice of Intent to Correct an Obvious Description Error
			Notice is hereby given to you concerning the deed, deed of trust, or mortgage
described in the corrective affidavit, a copy of which is attached to this
notice, as follows:

   1. The attorney identified below has discovered or has been advised of an
   obvious description error in the deed, deed of trust, or mortgage recorded as
   part of your real estate settlement. The error is described in the attached
   affidavit.

   2. The undersigned will record an affidavit to correct such error unless the
   undersigned receives a written objection disputing the facts recited in the
   affidavit or objecting to the recordation of the affidavit. Your objections
   must be sent within 30 days of receipt of this notice to the following
   address:
   				________________
   				(Address)
   				________________
   				(Name of attorney)
   				________________
   				(Signature of attorney)
   				________________
   				(Address of attorney)
   				________________
   				(Telephone number of attorney)
   				________________
   				(Bar number of attorney)

HISTORY: 2014, c. 523, § 55-109.2; 2019, c. 712.