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."
2020, c. 748.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 3 - Form and Effect of Deeds and Covenants; Liens
§ 55.1-300.1. Certificate of Release of Certain Prohibited Covenants
§ 55.1-302. Construction of generic terms
§ 55.1-303. Appurtenances, etc., included in deed of land
§ 55.1-304. Relocation of easement
§ 55.1-305. Enjoyment of easement
§ 55.1-306.1. Utility easements; expansion of broadband
§ 55.1-307. Public road easements; maintenance and improvements
§ 55.1-308. Private roads; public use; maintenance and improvements
§ 55.1-309. Deeds good between parties
§ 55.1-310. Conveyance of property not owned but subsequently acquired
§ 55.1-311. Vendor's equitable lien abolished
§ 55.1-312. Certain deeds to county real estate validated
§ 55.1-313. Validation of sales, etc., by county courts prior to 1860
§ 55.1-315. Effect of option; recording
§ 55.1-316. Form of deed of trust to secure debts, etc.
§ 55.1-317. Requirements for trustees
§ 55.1-318.1. Effect of amendment to loan document on deed of trust
§ 55.1-319. Priority of residential refinance mortgage over subordinate mortgage
§ 55.1-320. How deed of trust construed; duties, rights, etc., of parties
§ 55.1-321. Notices required before sale by trustee to owners, lienors, etc.; if note lost
§ 55.1-322. Advertisement required before sale by trustee
§ 55.1-323. Contents of advertisements of sale
§ 55.1-324. Powers and duties of trustee in event of sale under or satisfaction of deed of trust
§ 55.1-325. Meaning of phrases that may be included in deed of trust
§ 55.1-326. Evidences of indebtedness placed on equal footing
§ 55.1-327. Sales under deeds of trust that contain no maturity date or provision authorizing sale
§ 55.1-328. Validation of conveyances of real property under trust instrument not authorizing sale
§ 55.1-329. Permissible form for notice of sale under deed of trust
§ 55.1-330. Construction of deeds requiring notice by advertisement in newspaper
§ 55.1-331. Disposition of surplus from trustee's sale after death of grantor
§ 55.1-332. Title to real estate sold not affected by nonlisting of secured notes for taxation
§ 55.1-333. Validation of certain sales made under deeds of trust
§ 55.1-334. Validation of certain sales made under deeds of trust prior to October 1, 1977
§ 55.1-335. Validation of other sales under deeds of trust
§ 55.1-337. Required notice of foreclosure or repossession of manufactured home
§ 55.1-338. Release to person dead inures to successors
§ 55.1-339. Release of deed of trust or other lien
§ 55.1-340. Release by financial institution upon payment of debt placed with it for collection
§ 55.1-341. Partial satisfaction
§ 55.1-342. Permissible form for certificate of satisfaction or certificate of partial satisfaction
§ 55.1-343. Where certificates of satisfaction are to be indexed
§ 55.1-344. Releases made by court; costs and attorney fees
§ 55.1-345. Recordation of certificate of satisfaction, etc., required when release of lien recorded
§ 55.1-348. Document of rescission; effect; liability for wrongful recording
§ 55.1-349. Secured creditor to submit satisfaction for recording; liability for failure
§ 55.1-350. Form and effect of satisfaction
§ 55.1-351. Relation to Electronic Signatures in Global and National Commerce Act
§ 55.1-353. Effect of word "covenants."
§ 55.1-354. Effect of covenant of general warranty
§ 55.1-355. Covenant of special warranty
§ 55.1-357. Implied warranties on new homes
§ 55.1-358. Effect of certain transfer fee covenants
§ 55.1-359. Covenant of "right to convey."
§ 55.1-360. Covenant for "quiet possession" and "free from all encumbrances."
§ 55.1-361. Covenant for "further assurances."