A buyer's agent in Virginia is advising her client, who is purchasing a home in Henrico County. The client asks whether there are any liens or encumbrances on the property beyond what the seller disclosed. The agent explains that the most reliable way to discover all recorded interests is to conduct a title search. Which of the following best describes what a title search in Virginia examines?
Correct Answer
D) The chain of title and all instruments recorded in the circuit court clerk's office affecting the property
A title search in Virginia examines the chain of title by reviewing all instruments recorded in the circuit court clerk's office of the jurisdiction where the property is located. This includes deeds, deeds of trust, liens, easements, judgments, and other encumbrances that have been indexed and recorded in the public land records. Virginia's recording system (Va. Code § 55.1-407 et seq.) makes the circuit court clerk's office the authoritative repository for all recorded interests affecting real property.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
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