Recordation Fee Information

Virginia Code §§ 17.1-223, 17.1-227and 17.1-229 require the clerk of a court of record to keep and maintain a book in which is found:

  1. all writings relating to or affecting real estate (Va. Code § 17.1-223);
  2. all writings relating to or affecting the personal property (Va. Code § 17.1-229); and
  3. instruments affecting liens such as memos of Lis Pendens and attachments (Va. Code § 8.01-268) and Mechanics’ and Materialmen’s Liens (Va. Code § 43-4.1), which are “authorized by law” to be recorded (Va. Code §§ 17.1-223, 17.1-229), in a book known as the Deed Book.

The requirements for a physical Deed Book are set out in Va. Code § 17.1-239; the section further provides that if a microfilm, microfiche, or microphotographic process is used, deeds shall be processed in accordance with standards established pursuant to Va. Code § 42.1-82.
In lieu of a tangible Deed Book, clerks are allowed by Va. Code § 17.1-240 to employ a procedural microphotographic process, digital reproduction, or any other micrographic process which stores images of documents in reduced size or in electronic format, to accomplish the recording of writings required by law to be spread in a (Deed) book. Therefore, all processed procedural microfilm that is set apart and maintained, as a repository for deed book documents, in effect, becomes the official Deed Book of that Office.

Recordation Requirements

Documents presented for recordation shall be original documents, signed and properly acknowledged, each individual’s surname shall be underscored or written in capital letters, and pages shall be numbered in sequential order. Cover sheets are not required. Recordation taxes and fees vary depending on the document presented for recordation. The Code of Virginia (8A Title 58.1 Taxation) establishes the fees and taxes. Each document shall include the code section under which any exemption from recordation taxes or Clerk’s fee is claimed and shall be noted on page one. All deeds must have the county pin number (Tax I.D or parcel number), grantee address, and consideration, or exemption on the first page.

Notary Requirements for Documents Being Recorded

Documents that are presented for recordation must comply with Virginia State Library standards. All documents must be signed and notarized with dark blue or black ink as well as all notary stamps.

Deeds of Trust

For all Deeds of Trust, the trustees named must be a resident of the Commonwealth of Virginia and state the full residence or business address of the trustees named, including street address and zip code. Check should be made payable to the Clerk of Circuit Court.

Please Note

Pursuant to Code of Virginia 17.1-227, the Clerk’s Office cannot accept a document for recordation in the Deed book that includes a social security number. Any document received with a Social Security number will be rejected for recording and returned.

The Madison County Clerk's Office Record Room is open to the public from 8:30 am to 4:30 pm, Monday through Friday (excluding holidays).

Note about Legal Advice

Court personnel are prohibited by law from giving legal advice, restating the law, or recommending legal action. Questions regarding the interpretation of the law should be directed to an attorney licensed in the Commonwealth of Virginia.