A Virginia licensee is representing a seller in a transaction involving a property subject to a homeowners association in Loudoun County. The seller's attorney prepares the deed. Which of the following statements about the deed and its recordation is correct under Virginia law?
Correct Answer
B) The deed transfers title upon delivery and acceptance, but recordation in the circuit court clerk's office is necessary to protect the buyer against subsequent claimants
Under Virginia law, a deed is effective to transfer title between the parties upon delivery and acceptance—recordation is not required for the conveyance itself to be valid. However, Va. Code § 55.1-407 establishes that an unrecorded deed is void as to subsequent purchasers and creditors who take without notice. Therefore, recordation in the circuit court clerk's office is essential to protect the buyer's interest against any subsequent claimants.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
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