HB2186: Real property; authorizes VDOT to convey certain property controlled by Department in Albemarle Co.


HOUSE BILL NO. 2186
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice
on February 13, 2013)
(Patron Prior to Substitute--Delegate Dudenhefer)
A BILL to authorize an exchange of real property by the Department of Transportation; Keene Area Headquarters, Albemarle County.

Be it enacted by the General Assembly of Virginia:

1. § 1. Notwithstanding any other provision of law, the Virginia Department of Transportation, with the approval of the Governor as required by § 2.2-1149 and 2.2-1156 of the Code of Virginia, is hereby authorized to convey a wedge-shaped parcel of land, consisting of the southeasternmost corner of the Department's Keene Area Headquarters in Albemarle County, and containing 1.3246 acres, more or less, being a portion of the property acquired by the Department by deed dated December 30, 1952, and recorded in Deed Book 304, Page 303 in the Clerk's Office of the Circuit Court of Albemarle County, in exchange for land adjoining the Keene Area Headquarters, and such other consideration, as determined by the Department to be sufficient to render the property received by the Department suitable for the installation of a septic drain field for the Keene Area Headquarters.

§ 2. The exchange, and all documentation pursuant thereto, shall be in a form approved by the Attorney General. The appropriate officials of the Commonwealth are hereby authorized to prepare, execute, and deliver such deed and other documents pursuant to appropriate law and as may be necessary to accomplish the exchange.

HOUSE BILL NO. 2186

Offered January 9, 2013
A BILL to amend the Code of Virginia by adding a section numbered 55-109.2, relating to correcting errors in deeds; affidavit.
Patron-- McClellan

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 55-109.2 as follows:

55-109.2. Correcting errors in deeds; affidavit.

A. As used in this section, unless the context requires a different meaning:

"Attorney" means any person licensed as an attorney in Virginia by the Virginia State Bar.

"Corrective affidavit" means an affidavit of an attorney correcting an obvious description error.

"Obvious description error" means an error in a real property parcel description contained in a recorded deed, deed of trust, or mortgage where (i) such parcel is identified and shown as a separate parcel on a recorded subdivision plat; (ii) such error that is apparent by reference to other information on the face of such deed, deed of trust, or mortgage or on an attachment to such deed, deed of trust, or mortgage or by reference to other instruments in the chain of title for the property conveyed thereby; and (iii) such deed, deed of trust, or mortgage recites elsewhere the parcel's correct address or tax map identification number. An "obvious description error" includes (a) an error transcribing courses and distances, including the omission of one or more lines of courses and distances or the omission of angles and compass directions; (b) an error incorporating an incorrect recorded plat or a deed reference; (c) an error in a lot number or designation; or (d) an omitted exhibit supplying the legal description of the real property thereby conveyed. An "obvious description error" does not include (1) missing or improper signatures or acknowledgments or (2) any designation of the type of tenancy by which the property is owned or whether or not a right of survivorship exists.

"Recorded subdivision plat" means a plat that has been prepared by a land surveyor licensed pursuant to Article 1 ( 54.1-400 et seq.) of Chapter 4 of Title 54.1 and recorded in the clerk's office of the circuit court for the jurisdiction where the property is located.

"Title insurance company" has the same meaning as set forth in 38.2-4601, provided that the title insurance company issued a policy of title insurance for the transaction in which the deed, deed of trust, or mortgage needing correction was recorded.

B. Obvious description errors in a recorded deed, deed of trust, or mortgage purporting to convey or transfer an interest in real property may be corrected by recording an affidavit in the land records of the circuit court for the jurisdiction where the property is located or where the deed, deed of trust, or mortgage needing correction was recorded. Any correction of an obvious description error shall not be inconsistent with the description of the property in any recorded subdivision plat.

C. Prior to recording a corrective affidavit, the attorney seeking to record the affidavit shall deliver a copy of the affidavit to all parties to the deed, deed of trust, or mortgage and to the title insurance company, if known, and give notice of the intent to record the affidavit and of each party's right to object to the affidavit. The notice and a copy of the affidavit shall be sent by first-class mail, return receipt requested, or by an overnight delivery service, to the last known address of each party to the deed, deed of trust, or mortgage to be corrected and to the title insurance company, if known, that (i) is contained in the land book maintained pursuant to 58.1-3301 by the jurisdiction where the property is located or where the deed, deed of trust, or mortgage needing correction was recorded, (ii) is contained in the deed, deed of trust, or mortgage needing correction, (iii) has been provided to the attorney as a forwarding address, or (iv) has been established with reasonable certainty by other means. If a locality is a party to the deed, deed of trust, or mortgage, the notice and a copy of the affidavit required by this subsection shall be sent to the county, city, or town attorney for the locality, if any, and if there is no such attorney, then to the chief executive for the locality. If the Commonwealth is a party to the deed, deed of trust, or mortgage, the notice and a copy of the affidavit required by this subsection shall be sent to the Attorney General.

D. If, within 30 days after receiving confirmation of delivery of the notice and a copy of the affidavit to all parties to the deed, deed of trust, or mortgage and to the title insurance company, if known, pursuant to subsection C, no written objection is received from any party disputing the facts recited in the affidavit or objecting to its recordation, the corrective affidavit may be recorded by the attorney, and all parties to the deed, deed of trust, or mortgage shall be bound by the terms of the affidavit. The corrective affidavit shall contain (i) a statement that no objection was received from any party within the 30-day period and (ii) a copy of the notice sent to the parties. The notice shall contain the attorney's Virginia State Bar number that was in effect at the time the deed, deed of trust, or mortgage was recorded and, if different, at the time the corrective affidavit is recorded.

E. A corrective affidavit that is recorded pursuant to this section operates as a correction of the deed, deed of trust, or mortgage and relates back to the date of the original recordation of the deed, deed of trust, or mortgage as if the deed, deed of trust, or mortgage was correct when first recorded. A title insurance company, upon request, shall issue an endorsement to reflect the corrections made by the corrective affidavit and shall deliver a copy of the endorsement to all parties to the policy.

F. The clerk shall record the corrective affidavit in the deed book and, notwithstanding their designation in the deed, deed of trust, or mortgage needing correction, index the affidavit in the names of the parties to the deed, deed of trust, or mortgage as grantors and grantees as set forth in the affidavit. The costs associated with the recording of a corrective affidavit pursuant to this section shall be paid by the party that records the corrective affidavit. An affidavit recorded in compliance with this section shall be prima facie evidence of the facts stated therein. Any person who wrongfully or erroneously records a corrective affidavit is liable for actual damages sustained by any party due to such recordation.

G. The remedies under this section are not exclusive and do not abrogate any right or remedy under the laws of the Commonwealth other than this section.

H. An affidavit under this section may be made in the following form, or to the same effect:


CorrectiveAffidavit
ThisAffidavit,preparedpursuanttoVirginiaCode55-109.2,
shallbeindexedinthenamesof_______________(grantor)and
_______________(grantee),whoseaddressesare_______________
Theundersignedaffiant,beingfirstdulysworn,deposesand
statesasfollows:
1.ThattheaffiantisaVirginiaattorney.
2.Thatthedeed,deedoftrustormortgageneedingcorrectionwasmade
inconnectionwitharealestatetransactioninwhich_____purchased
realestatefrom_____,asshowninadeedrecordedintheClerks
OfficeoftheCircuitCourtof______,inDeedBook___,Page___,
orasInstrumentNumber___;orinwhichrealestatewasencumbered,
asshowninadeedrecordedintheClerksOfficeoftheCircuitCourt
of______,inDeedBook___,Page___,orasInstrumentNumber___.
3.Thatthepropertydescriptionintheaforementioneddeed,deedof

trust,ormortgagecontainsanobviousdescriptionerror.
4.Thatthepropertydescriptioncontainingtheobviousdescription
errorreads:______________________________________________________
___________________________________________________________________
__________________________________________________________________.
5.Thatthepropertydescriptionshouldread:_____________________
___________________________________________________________________
__________________________________________________________________.
6.Thatthisaffidavitisgivenpursuantto55-109.2oftheCode
ofVirginiatocorrectthepropertydescriptionintheaforementioned
deed,deedoftrust,ormortgageandwillreflectthecorrectproperty
descriptionuponrecordationintheCircuitCourtof__________.
7.Thatnoticeoftheintenttorecordthiscorrectiveaffidavitand
acopyofthisaffidavitwasprovidedtoallpartiestothedeed,

deedoftrust,ormortgagebeingcorrectedpursuantto55-109.2of
theCodeofVirginiaandthatnoobjectiontotherecordationofthis
affidavitwasreceivedwithin30daysofreceiving confirmation of

deliveryofthenoticeandacopyofthisaffidavit.

I. Notice under this section may be made in the following form, or to the same effect:


NoticeofIntenttoCorrectanObviousDescriptionError
Noticeisherebygiventoyouconcerningthedeed,deedoftrust,

ormortgagedescribedinthecorrectiveaffidavit,acopyofwhich
isattachedtothisnotice,asfollows:
1.Theattorneyidentifiedbelowhasdiscoveredorhasbeenadvised

ofanobviousdescriptionerrorinthedeed,deedoftrust,or
mortgagerecordedaspartofyoursettlement.Theerrorisdescribed
intheattachedaffidavit.
2.Theundersignedwillrecordanaffidavittocorrectsucherror
unlesstheundersignedreceivesawrittenobjectiondisputingthe
factsrecitedintheaffidavitorobjectingtotherecordationof
theaffidavit.Yourobjectionsmustbesenttothefollowingaddress:
________________________________________________________________
________________________________________________________________
(Nameofattorney)
________________________________________________________________
(Signatureofattorney)
________________________________________________________________
(Addressofattorney)
________________________________________________________________
(Telephonenumberofattorney)
________________________________________________________________
(Barnumberofattorney)