§ 17.1-223. Duty of clerk to record writings, etc., and make index.
A. Every writing authorized by law to be recorded, with all certificates,plats, schedules or other papers thereto annexed or thereon endorsed, uponpayment of fees for the same and the tax thereon, if any, shall, whenadmitted to record, be recorded by or under the direction of the clerk onsuch media as are prescribed by § 17.1-239. However, the clerk has theauthority to reject any writing for filing or recordation unless (i) eachindividual's surname only, where it first appears in the writing, isunderscored or written entirely in capital letters, (ii) each page of theinstrument or writing is numbered, (iii) the Code section under which anyexemption from recordation taxes is claimed is clearly stated on the face ofthe writing, (iv) the names of all grantors and grantees are listed asrequired by §§ 55-48 and 55-58, and if a cover sheet is used pursuant to §17.1-227.1, that the names of all grantors and grantees on the face of suchwriting are the same on the cover sheet, and (v) the first page of thedocument bears an entry showing the name of either the person or entity whodrafted the instrument, except that papers or documents prepared outside ofthe Commonwealth shall be recorded without such an entry. Such writing, oncerecorded, shall be returned to the grantee unless otherwise indicated clearlyon the face of the writing including an appropriate current address to whichsuch writing shall be returned.
B. The attorney or party who prepares the writing for recordation shallensure that the writing satisfies the requirements of subsection A and that(i) the social security number is removed from the writing prior to theinstrument being submitted for recordation, (ii) a deed conveying not morethan four residential dwelling units states on the first page of the documentthe name of the title insurance underwriter insuring such instrument or astatement that the existence of title insurance is unknown to the preparer.
C. A document which appears on its face to have been properly notarized inaccordance with the Virginia Notary Act (§ 47.1-1 et seq.) shall be presumedto have been notarized properly and may be recorded by the clerk.
D. If the writing or deed is accepted for record and spread on the deedbooks, it shall be deemed to be validly recorded for all purposes. Such booksshall be indexed by him as provided by § 17.1-249 and carefully preserved.Upon admitting any such writing or other paper to record the clerk shallendorse thereon the day and time of day of such recordation. More than onebook may be used contemporaneously under the direction of the clerk for therecordation of the writings mentioned in this section whenever it may benecessary to use more than one book for the proper conduct of the business ofhis office. After being so recorded such writings may be delivered to theparty entitled to claim under the same.
(Code 1919, § 3392, § 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.)
§ 17.1-223. Duty of clerk to record writings, etc., and make index.
A. Every writing authorized by law to be recorded, with all certificates,plats, schedules or other papers thereto annexed or thereon endorsed, uponpayment of fees for the same and the tax thereon, if any, shall, whenadmitted to record, be recorded by or under the direction of the clerk onsuch media as are prescribed by § 17.1-239. However, the clerk has theauthority to reject any writing for filing or recordation unless (i) eachindividual's surname only, where it first appears in the writing, isunderscored or written entirely in capital letters, (ii) each page of theinstrument or writing is numbered, (iii) the Code section under which anyexemption from recordation taxes is claimed is clearly stated on the face ofthe writing, (iv) the names of all grantors and grantees are listed asrequired by §§ 55-48 and 55-58, and if a cover sheet is used pursuant to §17.1-227.1, that the names of all grantors and grantees on the face of suchwriting are the same on the cover sheet, and (v) the first page of thedocument bears an entry showing the name of either the person or entity whodrafted the instrument, except that papers or documents prepared outside ofthe Commonwealth shall be recorded without such an entry. Such writing, oncerecorded, shall be returned to the grantee unless otherwise indicated clearlyon the face of the writing including an appropriate current address to whichsuch writing shall be returned.
B. The attorney or party who prepares the writing for recordation shallensure that the writing satisfies the requirements of subsection A and that(i) the social security number is removed from the writing prior to theinstrument being submitted for recordation, (ii) a deed conveying not morethan four residential dwelling units states on the first page of the documentthe name of the title insurance underwriter insuring such instrument or astatement that the existence of title insurance is unknown to the preparer.
C. A document which appears on its face to have been properly notarized inaccordance with the Virginia Notary Act (§ 47.1-1 et seq.) shall be presumedto have been notarized properly and may be recorded by the clerk.
D. If the writing or deed is accepted for record and spread on the deedbooks, it shall be deemed to be validly recorded for all purposes. Such booksshall be indexed by him as provided by § 17.1-249 and carefully preserved.Upon admitting any such writing or other paper to record the clerk shallendorse thereon the day and time of day of such recordation. More than onebook may be used contemporaneously under the direction of the clerk for therecordation of the writings mentioned in this section whenever it may benecessary to use more than one book for the proper conduct of the business ofhis office. After being so recorded such writings may be delivered to theparty entitled to claim under the same.
(Code 1919, § 3392, § 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.)
§ 17.1-223. Duty of clerk to record writings, etc., and make index.
A. Every writing authorized by law to be recorded, with all certificates,plats, schedules or other papers thereto annexed or thereon endorsed, uponpayment of fees for the same and the tax thereon, if any, shall, whenadmitted to record, be recorded by or under the direction of the clerk onsuch media as are prescribed by § 17.1-239. However, the clerk has theauthority to reject any writing for filing or recordation unless (i) eachindividual's surname only, where it first appears in the writing, isunderscored or written entirely in capital letters, (ii) each page of theinstrument or writing is numbered, (iii) the Code section under which anyexemption from recordation taxes is claimed is clearly stated on the face ofthe writing, (iv) the names of all grantors and grantees are listed asrequired by §§ 55-48 and 55-58, and if a cover sheet is used pursuant to §17.1-227.1, that the names of all grantors and grantees on the face of suchwriting are the same on the cover sheet, and (v) the first page of thedocument bears an entry showing the name of either the person or entity whodrafted the instrument, except that papers or documents prepared outside ofthe Commonwealth shall be recorded without such an entry. Such writing, oncerecorded, shall be returned to the grantee unless otherwise indicated clearlyon the face of the writing including an appropriate current address to whichsuch writing shall be returned.
B. The attorney or party who prepares the writing for recordation shallensure that the writing satisfies the requirements of subsection A and that(i) the social security number is removed from the writing prior to theinstrument being submitted for recordation, (ii) a deed conveying not morethan four residential dwelling units states on the first page of the documentthe name of the title insurance underwriter insuring such instrument or astatement that the existence of title insurance is unknown to the preparer.
C. A document which appears on its face to have been properly notarized inaccordance with the Virginia Notary Act (§ 47.1-1 et seq.) shall be presumedto have been notarized properly and may be recorded by the clerk.
D. If the writing or deed is accepted for record and spread on the deedbooks, it shall be deemed to be validly recorded for all purposes. Such booksshall be indexed by him as provided by § 17.1-249 and carefully preserved.Upon admitting any such writing or other paper to record the clerk shallendorse thereon the day and time of day of such recordation. More than onebook may be used contemporaneously under the direction of the clerk for therecordation of the writings mentioned in this section whenever it may benecessary to use more than one book for the proper conduct of the business ofhis office. After being so recorded such writings may be delivered to theparty entitled to claim under the same.
(Code 1919, § 3392, § 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.)
