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Virginia Property Records

Property Records in Virginia

You may already know that Virginia was the first English settlement in the New World, but did you know that Virginia is a very eco-friendly state and also has the first woman-run bank in Richmond?

Old Dominion is Virginia's nickname. The state is home to 8.684 million people and has 25.5 million acres of land, much of which is developed and owned by residents. That much land means millions of property records about the land and its owners.

Use this guide to learn all about property records in Virginia, what they are, what kinds exist, how they are used, created, and stored, and how you can find and update yours.

What Are Property Records in Virginia?

Virginia property records are legal documents that pertain to real property (land and buildings) and the property owners. They include Virginia land records, Virginia public records, and records that perform functions like transferring property ownership.

Components of Property Records in Virginia

Property records in Virginia center around the property itself and its current and historical owners. Individuals, government agencies, and other professionals create these records. They always contain the legal property address and may contain much more information about the property and its owner(s). Some examples of the components of property records in Virginia include:

  • Property Address
  • Detailed Legal Property Description
  • Current Owner's Name and Address
  • Historical Owners
  • Deeds
  • Liens
  • Tax Records
  • Mortgage Records
  • Bankruptcies
  • Foreclosures
  • Plat Maps
  • Surveys
  • Easements / Conveyances
  • Property Details
  • Lot Size
  • Zoning
  • Boundary Lines

The above is only a partial list. You may find much more information, including related records about the owner(s).

Sources of Property Records in Virginia

Different government offices create, store, and maintain property records. For example, land records are handled by the court. The clerk of the circuit court is where you can find real estate deeds. For example, Fairfax County has its land records, which are searchable on the court website. The local county tax office handles all property tax records and issues bills to residents.

What Are Property Records Clerk of the Circuit Court

What Are Property Records Clerk of the Circuit Court

Unlike many states, Virginia handles property and land records through its Circuit Court, Land Records Division. Each county handles its own records, and many have them online to make them easy to access and search. Chesterfield County has all its land records online, and they are ready to search.

How Property Records are Maintained in Virginia

The circuit court clerk in each county is responsible for filing and maintaining property records. If you purchase a home in Virginia, your title company or attorney will file the new deed with your county, and they will keep it current.

How to Access Property Records at the County Circuit Court in Virginia

If you need to make changes to your property records, you should contact the county circuit court clerk. You can visit them in person to access and request copies of records. You may have to wait and pay a fee. Most counties have their public records online so that you can access them there. You may or may not have to pay a fee. Typically, they may charge you if you want to print a copy, but you can view it for free.

Some county websites where you might find information include:

Circuit Court County Clerks Locations in Virginia

To access the proper Virginia property records, you need to know where to look. You can start by choosing the correct county and searching on their website. Use this list of all circuit court county clerks in Virginia.

When you click on the location, you can see the office address, contact details, hours of operation, and more info.

Here is another resource that provides you with the county website and links to land records from there.

What are the Different Types of Property Records in Virginia?

In Virginia, there exist many different types of property records. Some records perform a function such as deeds transfer ownership. Other types, like appraisals and building permits, contain information that verifies value or provides approval for renovations. Some of the most common types of property records include:

Deeds and Conveyance Records

Deeds are one of the most common types of Virginia property records. Land records offices hold these documents. Not only do they transfer ownership of property, but they also verify land ownership and include conveyance language expressly noting the buyer, seller, or grantor and beneficiary of land. Virginia has a total of 3,685,233 housing units. Of the 3,248,528 occupied housing units, 66.64% are owner-occupied, and the rest have tenants living in them.

Some of the information on deeds will include:

  • Name of the Seller/Grantor and Buyer/Grantee.
  • A detailed description of the property.
  • Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
  • Conveyance language explaining the ownership transfer from one person or entity to another.
  • Notarization and execution are at the bottom, where everyone signs to make it legal.

Property Tax Records

Property tax records are another common legal document. They show how much the owner pays in property taxes, what the land is worth, and any assessments for sewer, water, and other county-provided services. Each city tax assessor and the Department of Finance determine tax rates and send tax bills to each resident.

Virginia's average property tax rate is 0.80%, which is lower than the national average of 1.07%. Property taxes vary widely by county.

These records usually contain the following information:

  • County Name and Information - The document will identify the county or independent city where the record is kept. It may also provide information about the office that issues the record.
  • Tax Rates - Each property falls under a taxing jurisdiction with a set rate. The document should mention the tax rate as it is the base of calculations.
  • Tax Exemptions - Some properties qualify for tax relief that may reduce the taxes owed. If so, the record should outline the exemptionsby name and amount.
  • Property Details - The document should provide a brief or detailed description of the property under taxation.
  • Property Owner's Details - The record should give the owner's name, who is often liable for the imposed taxes.
  • Calculations - The document may have a breakdown of the tax calculations ending with the total taxes owed.

How Often is Property Tax in Virginia Assessed?

State laws require the assessment of all properties for taxation at 100% of market value annually or biannually, depending on the local government's decision. In some cases, population thresholds determine the frequency of these assessments. The laws allow a maximum of six years between reassessment for counties and four years for cities. The assessors in the counties and cities are in charge of the assessment and thus determine the market value.

The process of assessment involves the following steps:

  • Valuation - The first step is determining the value of the property. The process demands analyzing recent sales of similar properties within the area. Appraisers may also use the income and/or cost approach to determine the property's value. The appraisers must make adjustments based on the differences between the properties.
  • Noticing - The assessors must then notify the property owners of their new assessed value. The notice must include the new assessed value and may include the applicable tax rate, notes about the appraisal, and other relevant information.
  • Appeals - Property owners may appeal the value after receiving the new assessed value. The first step is filing a written appeal with the City Assessor's Office and submitting any information that supports the claim. A staff appraiser receives the claims and sends a written response to the property owner. The second appeal goes to the Board of Equalization for a decision. If the property owner disagrees with the board's decision, they may appeal to the Circuit Court in the county or city. The court's decision is final.

Easements and Covenants

Easements and covenants are additional documents that sometimes accompany deeds or other paperwork during a real estate closing. Easements are rights-of-way that provide someone other than the actual owner access to a piece of real property. It may apply to a short piece of roadway that crosses into a private owner's property. People may access the roadway without asking the owner first.

Covenants in Virginia refer to rules about how land can be used. You will most often find these in condo developments or gated communities. They may have rules about how you must maintain your property. Some communities don't allow decorative lawn trimmings; for example, pink flamingos may be prohibited.

Plats and Surveys

Plats and surveys are both types of maps. Plats show boundaries from all the neighboring properties, but surveys show the boundaries of only the target property. Surveys are used in land disputes, utility work, and also new construction.

However, standard information that may be present in a property survey includes:

  • Boundaries - Property surveys indicate the precise location and measurements of the property's boundary lines. They designate the corners, landmarks, and monuments that outline the property's borders.
  • Property Lines and Markers - Property lines are depicted in surveys by thorough descriptions, measurements, and graphic representations. The data assists property owners in determining the actual size and shape of their land.
  • Encroachments and Easements - Property surveys may reveal any easements or encroachments on the property. Easements are rights provided to other parties for specified purposes, such as access or utility installations, such as utility companies or adjoining properties. Encroachments occur when a structure or improvement expands beyond the borders of the land.
  • Topography - Surveys include information regarding the land's topography, such as contours, slopes, and elevation changes. The information is helpful for construction design, drainage issues, and identifying potential flood hazards.
  • Flood Zones - Surveys may identify whether the property is inside a designated flood zone.

Historical Property Records

Since the volume of property records is constantly growing, a city or county may offload many of its records to an archive repository. The Library of Virginia is one such portal where you can find many historical property records. You may also find others where you can search online or in person.

How Can I Search for Property Records?

How Can I Search for Property Records?

Searching for and reviewing public property records is your legal right. You can go about it in a few different ways. Keep in mind that whenever you request copies either online or in person, you may have to pay a small fee.

Online Property Record Search

The first step in your journey to finding specific property records should be an online search. You can use Google or another search engine to see what comes up about the property. You may get lucky and find appraisals, building permits, and information about the owner, or you may find nothing at all.

In-Person Property Record Search

You always have the option of visiting the county circuit court clerk's office to find records. They may take some time to find what you need, and you must pay a small fee per page when requesting copies.

Using Property Record Indexes

Sometimes, property records can be found from unexpected indexes, such as realty websites, closing companies, or other realty-related repositories that hold public records. Many of these repositories have online portals where you can search.

Utilizing Commercial Services

Using a professional property records tool like PropertyChecker is your best bet! You can access millions of property records within minutes. You can run as many nationwide searches as you want on any state, including Virginia.

How to Search Property Records by Address

The full address is the best way to search for real property records. Type in the address in the search bar and see what comes up.

How to Search Property Records by Name

Sometimes, you can find property records using the name of the current or past owner(s). Sometimes, you will need the property address instead.

Understanding Property Ownership in Virginia

Owning your own home in Virginia is a wonderful feeling. However, once you sign those closing papers, you become part of property records within the state, and some of your personal information will be listed publicly.

Virginia Titles

A property title is a document proving ownership and interests in a property. The property title reflects the rights held by persons or entities as documented in the land records. Property titles are also under the Clerk's office. They may contain the following details:

  • Ownership History - The document may include a list of all the parties that previously owned the property.
  • Ownership Details - The document may specify the type of ownership the property is under.
  • Legal Description - The record may have a legal description of the property under the title.
  • Liens - The document may show any liens or claims on the land that may affect transferability.

Identifying Property Owners

There are dozens of situations where you might need to find a Virginia property owner. You can do so using one of the search methods listed above. If the property is very old, you may have to access archives or historical records to find what you need.

What is the Chain of Title?

The chain of title refers to a list of everyone who has ever owned the property, going back to the first owner. There can never be a break in the chain of title, or it could cause title defects and issues with real estate deals. Typically, closing companies will perform a thorough title search to ensure no breaks in the chain of title.

Ownership History and Transfers

Real estate sales are not the only way that property is transferred. It may be willed to someone after death or transferred before death to ensure the property ends up in the right hands and not in probate court. Different types of deeds help people transfer property on their own terms.

Property Descriptions and Boundaries in Virginia

Another critical piece of information contained within property records is the legal property description and boundaries. They come into play in various situations.

Legal Property Descriptions

The legal property description details the property in a way that makes it clear to anyone who reads it where it is located and how to find it. It may use landmarks, maps, plats, and surveys to show precisely what parcel it is.

Surveys and Land Measurements

Surveys are a formulated process that determines the absolute property boundaries. They are used with new construction, utility work, and boundary disputes.

Boundary Disputes and Resolutions

When someone thinks another person is encroaching upon their land, they may sue the neighbor to resolve boundary disputes. Often, the courts enlist the help of professional surveyors to determine the actual boundaries and provide expert testimony.

Liens, Encumbrances, and Property Records in Virginia

Encumbrances like liens can impact property in a big way. Liens can make it very hard to sell a property. In most cases, they must be discharged (paid off) before the house can be sold. There are two types of liens: voluntary and involuntary.

Voluntary Liens

Voluntary liens are those that you choose to allow on your property. It may occur when you buy the property or take out a second mortgage or home equity loan.

Mortgage Liens

Whenever you cannot pay cash for a property, you take out a mortgage. The lender agrees to lend you the money to buy the house as long as you make monthly payments, pay interest, and allow them to put a lien on the property and use it as collateral for the loan. They do this so that they can seize and sell the property to get their money back if you default on the loan.

Mortgage documents are recorded with the Circuit Court Clerk containing the following information:

Mortgage Liens
  • Terms of the Loan - The document will provide the loan terms, such as how long it will remain in effect.
  • Interest Rate - The loan has an interest rate that determines the total repayable amount. Both values should appear in the document.
  • Repayment Schedule - The document will include a repayment schedule, including deadlines and minimum contribution.
  • Conditions of the Loan - The document may include special conditions or provisions related to the loan.

Involuntary Liens

Involuntary liens are not something you choose. They are imposed upon your property against your will for an unpaid debt.

Mechanic's Liens

Mechanic's liens are used by contractors, subcontractors, landscapers, material suppliers, and laborers to claim unpaid debt. If someone works on your home and you don't pay them, they can file a mechanic's lien and get paid when the house is sold.

Mechanic's Liens

Tax Liens

Tax liens are much worse. If you don't pay your annual property taxes on time, the county can place a tax lien on your property. If it goes on long enough, they can sell your house at an auction, and you will lose it for good.

Tax Liens

Judgment Liens

Creditors use judgment liens to get you to pay them what you owe. They will file a lawsuit against you in court. If they win, the judge will allow them to put a lien on your property and eventually foreclose and sell your home.

Judgment Liens

The Process of Property Liens in Virginia

Individuals are encouraged to file property liens in Virginia correctly, as mistakes could lead to invalidity. The process of placing a lien on a Virginia property differs depending on the type of lien. Therefore, here is a breakdown of placing a mechanics lien in the state:

  • The first step is ensuring the preliminary notice requirements. Virginia requires individuals to send the preliminary notice on residential projects in 30 days if the building permit identifies a Mechanic Lien Agent. The deadline is 30 days after work completion for other projects. Claimants should also ensure they have lien rights by checking licensing requirements.
  • Virginia requires claimants to fill out the right lien form based on their role during furnishing. There are choices for general contractors, sub-contractors, and sub-subcontractors. Claimants are encouraged to provide detailed information on the lien form, such as the owner's information, the property's description, the total lien amount, dates of the work or supply, plus signatures and notarization.
  • All mechanics liens in Virginia should be filed with the circuit court clerk. These offices have requirements for recording, such as the recording fee and approved recording methods. Claimants may attach copies of their licenses and contracts when filing to strengthen the lien against challenges. In addition, individuals must meet the 90-day deadline for filing.
  • After filing, the lienholder must send a notice to the parties above and the property owner. The notice should be sent preferably at the same time as filing.

Property Records and Real Estate Transactions in Virginia

Property Records and Real Estate Transactions in Virginia

Real estate transactions are when property records are used most often. They are created, used, and consulted before, during, and after the process. Some areas where they come in handy are:

Buying Property: Due Diligence

When buying property, you have many questions. Consulting property records allows you to perform due diligence and discover all you can so you go into the sale with your eyes wide open.

Selling Property: Providing Disclosure

Sellers must provide buyers with certain disclosures. If you are filling out disclosures and don't have the information you need, you can look things up in old property records. These types of disclosures usually apply to material defects like asbestos or lead paint.

Title Searches and Insurance

Whenever you take out a mortgage, the lender will require that you purchase title insurance before you close. The closing company will perform a rigid property title search to ensure there are no title defects or unlawful claims on the property that could ruin the deal.

Foreclosure and Property Records in Virginia

Property records also show if the property has liens or is nearing foreclosure. Some real estate investors specifically seek out foreclosure properties to buy them at less than fair market value (FMV) and then sell them for a profit.

Property Records and Property Values

Property values appear in many different property records, and they are essential information, especially regarding real estate deals.

The median property value in Virginia is $367,900, noting an increase of more than 2%. Areas such as Vienna, Blacksburg, Waynesboro, and Manassas Park are among the top real estate markets in the state.

Factors that Determine Property Values in Virginia

  • Proximity to Employment - Arlington is home to the Pentagon and numerous government agencies. The city and similar areas may command higher values due to the convenience of commuting and access to job opportunities.
  • Waterfront Access - proximity to beaches, marinas, and recreational water activities can impact property values in surrounding areas. Therefore, cities along the coast or near large rivers, such as Virginia Beach, Norfolk, and Newport News, may have higher prices.
  • Historical Significance - Properties in or near historic districts, landmarks, or university towns have a unique character and cultural appeal that may command higher prices. Therefore areas like Williamsburg and Charlottesville, well-known for their historical significance, may have higher property values.
  • Natural Scenery and Outdoor Recreation - Cities in the Blue Ridge Mountains, such as Roanoke and Lynchburg, offer magnificent scenery and access to outdoor leisure activities, including hiking, biking, and fishing. Because of the scenery and recreational activities' appeal, these properties may value higher.

Assessments and Appraisals

Assessments and appraisals are two vehicles that determine value. Appraisals are used to value a property when buying or selling or might be used in estate planning. Assessments are typically used to value the property for taxes.

Property Records and Market Value

You can use public property records to determine your home's fair market value. You can also compare recent sales of comparable homes or examine the value of your own property and how it has changed over time.

Privacy and Property Records

Privacy and Property Records

Property records are public, and anyone can access them without a reason. Public records contain information about people, homeowners, and others. Sometimes, they contain personal information that was not intended to be public.

Why are Property Records Public?

Property records are public for the same reason other records are. The purpose is to ensure that no one government agency or office has too much power. In an effort to promote transparency, government offices are required to keep records open so that no one can manipulate and control residents.

How Do I Protect My Personal Information in Property Records?

It is impossible to keep all your information out of public records. However, you can minimize how much is shared about you. Contact the agencies that hold your records and ask them to redact anything that is not your name and address. If your email address or phone shows up, you can request that they be removed. You may also have to contact online sources and ask them to update their records accordingly.

Maintaining and Amending Property Records

Property records, like most things, occasionally need to be updated. It's your responsibility to update your own records by contacting the proper agency and filling out forms to correct or amend them as things change. If you get divorced or married, you may want to bring your marriage certificate or divorce decree to the county office and request a name change.

Correcting Errors on Property Records

Records are created and maintained by people, and people make mistakes. If you find errors on your property records, address them immediately. Contact the office that holds the original and file an amendment form. Bring with you the source documents to prove the error, and they will fix it.

Amending Property Records for Legal Changes

If you need to update property records when someone dies, you can bring the death certificate with you to the county circuit court clerk's office and ask them to correct it.

What Should I Consider When Buying a Property Using Property Records?

There is a lot to consider when buying or selling a property. You should rely on PropertyChecker for property records to help you determine the value, find out about taxes, see if any renovations have been completed, and look for any issues with the title.

Virginia County Property Records

Virginia Property Records Search

Virginia Property Records Search