How to Access Property Records in Virginia

What Information Can You Find in Virginia Property Records?

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:

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

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 and may provide information about the office that issues it.
• 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 exemptions by 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 include the owner's name, who is often liable for the imposed taxes.
• Calculations - The document may include 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 towns and counties 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 property's value. This process requires 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. They 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 consist of 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.

Property Liens and Encumbrances 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:

  • Terms of the Loan - The document will provide the loan terms, such as how long it will remain in effect.
  • Interest Rate - The loan's interest rate determines the repayable amount. Both values should appear in the document.
  • Repayment Schedule - The document will include a repayment schedule, 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.
• 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.
• 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.

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 within 30 days if the building permit identifies a Mechanic Lien Agent. For other projects, the deadline is 30 days after work completion. 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, subcontractors, 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, the dates of the work or supply, and signatures and notarization.
• All mechanics liens in Virginia should be filed with the circuit court clerk. These offices have recording requirements, such as fees 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 filing deadline.
• 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.

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 boundaries.
• 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 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 land's borders.
• 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.

Property Descriptions and Boundaries in Virginia

Another critical piece of information contained within property records is the legal property description and boundaries, which are relevant in various situations.

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

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.

Foreclosures

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.