Virginia Warranty Deed

Introduction

Key Things to Know

1. 1

   A warranty deed gives a Virginia buyer the strongest title protection: the seller guarantees clear title and promises to forever warrant and defend it against the claims and demands of all persons. A quitclaim deed carries no such covenant.

2. 2

   Virginia is a warranty-deed state, not a grant-deed state. The words with general warranty create a covenant that the grantor will warrant generally the property (Virginia Code Section 55.1-356), which Section 55.1-354 makes a promise to forever warrant and defend the property against the claims and demands of all persons. Unlike California, the word grant alone implies no covenants in Virginia.

3. 3

   A special or limited warranty deed uses the words with special warranty and limits the defense to claims arising by, through, or under the grantor (Virginia Code Section 55.1-355), so it does not cover title defects predating the grantor's ownership. A quitclaim deed carries no covenants at all.

4. 4

   You record the signed deed with the clerk of the circuit court of the county or city where the land is located (Virginia Code Section 55.1-600; Section 17.1-227). Virginia follows a race-notice priority rule: an unrecorded deed is void as to a later good-faith purchaser for value without notice (Section 55.1-407), so record promptly.

5. 5

   The grantor's signature must be acknowledged before a notary or the circuit court clerk before the deed can be recorded (Virginia Code Section 55.1-600; Section 55.1-612). Virginia does not require subscribing witnesses for a deed; proof by two witnesses is only an alternative to acknowledgment, not an added requirement.

6. 6

   Virginia charges a state recordation tax of 25 cents on every 100 dollars of the greater of the consideration or actual value (Virginia Code Section 58.1-801) and a grantor tax of 50 cents for each 500 dollars when that amount exceeds 100 dollars (Section 58.1-802); the consideration and actual value must be stated on the first page (Section 17.1-223), and a city or county may add up to one-third of the state tax (Section 58.1-814).

7. 7

   Virginia abolished dower and curtesy effective January 1, 1991, so a non-owner spouse generally need not join to convey the titled spouse's separately owned real property for post-1990 interests (Virginia Code Section 64.2-301). Virginia is a separate-property, not a community-property, state.

Virginia Requirements for Warranty Deed

• Title Guarantee and Covenants

  A warranty deed guarantees clear title and defends the buyer against claims. Virginia codifies the guarantee through express words: the words with general warranty create a covenant that the grantor will warrant generally the property (Virginia Code Section 55.1-356), and Section 55.1-354 gives it the effect of a promise to forever warrant and defend the property against the claims and demands of all persons. Unlike California, the word grant alone implies no covenants in Virginia.

• General vs Special Warranty Deed

  Virginia is a warranty-deed state, not a grant-deed state. A general warranty deed uses the words with general warranty and warrants title against the claims and demands of all persons, including defects predating the grantor (Virginia Code Section 55.1-354). A special or limited warranty deed uses the words with special warranty and covers only claims arising by, through, or under the grantor (Section 55.1-355). A quitclaim gives no covenants.

• Record with the Clerk of the Circuit Court

  Record the signed, notarized deed with the clerk of the circuit court of the county or city where the land is located (Virginia Code Section 55.1-600; Section 17.1-227). Virginia follows a race-notice priority rule: an unrecorded deed is void as to a later good-faith purchaser for value without notice and to lien creditors (Section 55.1-407). Record promptly to protect your interest.

• Notary Acknowledgment, No Witnesses

  Before recording, the grantor's signature must be acknowledged before a notary or the circuit court clerk (Virginia Code Section 55.1-600; Section 55.1-612). Virginia does not require subscribing witnesses for a deed; proof by two witnesses is only an alternative to acknowledgment, not an added requirement, so a proper notarial acknowledgment is the recording path.

• Recordation Tax and Grantor Tax

  Virginia levies a state recordation tax of 25 cents on every 100 dollars of the greater of the consideration or actual value (Virginia Code Section 58.1-801) and a grantor tax of 50 cents for each 500 dollars when that amount exceeds 100 dollars (Section 58.1-802). A city or county may add a local recordation tax equal to one-third of the state tax (Section 58.1-814). A gift or quitclaim deed without consideration, spousal transfers, and divorce transfers can be exempt with the proper recital (Sections 58.1-811 and 58.1-810).

• Legal Description, Parties, and First Page

  Identify the grantor and grantee, and include the full legal description of the property (not just the street address or parcel number). Virginia requires the surname of each individual party in capital letters or underscored in the first clause, each party identified as grantor or grantee, and the consideration and actual value stated on the first page (Virginia Code Section 17.1-223). Errors in the legal description or vesting are a common and costly source of later title problems, so confirm both against the current deed.

• Warranty Words Control the Covenant

  In Virginia the title covenant comes only from the express warranty words in the deed, not from the word grant. The words with general warranty invoke the full Section 55.1-354 covenant to warrant and defend against all persons; with special warranty invokes the narrower Section 55.1-355 covenant; with English covenants of title adds the covenants of Sections 55.1-359 through 55.1-362. Choose and state the words deliberately, because they define the protection.

• Choosing the Instrument, No Spousal Joinder

  Choose the deed to match the protection intended. A general warranty deed warrants title against all claims and is the standard Virginia sale instrument; a special warranty deed covers only the grantor's own ownership; a quitclaim gives no covenants. Virginia abolished dower and curtesy effective January 1, 1991, so a non-owner spouse generally need not join to convey the titled spouse's separately owned real property for post-1990 interests (Virginia Code Section 64.2-301).