§ 55.1-300.1 — Certificate of Release of Certain Prohibited Covenants

Virginia § 55.1-300.1

• Jurisdiction: Virginia
• Title 55.1: Property and Conveyances
• Subtitle I: Property Conveyances
• Ch. 3: Form and Effect of Deeds and Covenants; Liens
• Art. 1: Form and Effect of Deeds; Easements

Text

Any restrictive covenant prohibited by subsection A of § 36-96.6 may be released by the owner of real property subject to such covenant by recording a Certificate of Release of Certain Prohibited Covenants. The real property owner may record such certificate (i) prior to recordation of a deed conveying real property to a purchaser or (ii) when such real property owner discovers that such prohibited covenant exists and chooses to affirmatively release the same. Such certificate may be prepared without assistance of an attorney, but shall conform substantially to the following Certificate of Release of Certain Prohibited Covenants form:

"CERTIFICATE OF RELEASE OF CERTAIN PROHIBITED COVENANTS

Place of Record: ________

Date of Instrument containing prohibited covenant(s): ____

Instrument Type: __________

Deed Book ____ Page ___ or Plat Book ____ Page___

Name(s) of Grantor(s): ________

Name(s) of Current Owner(s): ________

Real Property Description: ________

Brief Description of Prohibited Covenant: ________

The covenant contained in the above-mentioned instrument is released from the above-described real property to the extent that it contains terms purporting to restrict the ownership or use of the property as prohibited by subsection A of § 36-96.6.

The undersigned is/are the legal owner(s) of the property described herein.

Given under my/our hand(s) this ____ day of ____ , 20__.

________

________

(Current Owners)

Commonwealth of Virginia,

County/City of ______ to wit:

Subscribed, sworn to, and acknowledged before me by ______ this ____ day of ____, 20__.

My Commission Expires: ______

________

NOTARY PUBLIC

Notary Registration Number: ______

The clerk shall satisfy the requirements of § 17.1-228."

Legislative History

2020, c. 748.