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Virginia real estate conveyances are governed by Title 55 of the Code of Virginia (now recodified in Title 55.1). Virginia permits both present and future estates to be created by deed.

Future Estates and Duration Threshold

An estate of inheritance or freehold, or a term of more than five years, must be conveyed by deed or will (Va. Code § 55-2). Estates may also be created to begin in the future by deed in the same manner as by will (Va. Code § 55-6).

Forms of Conveyance

Virginia recognizes several deed forms, including special warranty deeds, general warranty deeds, quitclaim and release deeds, and deeds of trust. A deed may be written with or without covenants of title. The form selected depends on the nature of the title conveyed and the parties’ intent.

Ownership and Capacity

Individuals, corporations, trustees, and joint owners with legal authority may convey real property. Virginia permits aliens to acquire and hold real estate in substantially the same manner as citizens, subject to limited statutory conditions (Va. Code §§ 55-1; 55-48).

Execution and Acknowledgment

A deed must bear the original signature of the grantor and must be acknowledged or proved in accordance with statutory requirements before it can be recorded. Acknowledgment may be made by the grantor or proved by two witnesses as prescribed by law. When a deed is executed by a person acting in a representative capacity, acknowledgment or proof may be made in the same manner as if the grantor personally signed (Va. Code § 55-106).

A valid deed must also include a granting clause, a sufficient legal description, and comply with statutory formatting and construction rules.

Recording and Notice

Virginia follows a notice recording statute. A deed or written contract conveying an estate, when possession remains with the grantor, is void as to purchasers for valuable consideration without notice until it is recorded in the appropriate county or city land records (Va. Code § 55-96).

A quitclaim deed does not, by itself, prevent the grantee from qualifying as a purchaser for value without notice.

Recording in Virginia is handled by the clerk of the circuit court in the county or city where the property is located. Proper recordation provides constructive notice to subsequent purchasers and lienholders.

Because Virginia permits future estates by deed, recognizes deeds of trust as a common conveyancing instrument, and relies on a notice recording statute to determine priority, careful execution and timely recording are essential to protect property interests.