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Current as of January 01, 2025 | Updated by FindLaw Staff
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.”
Cite this article: FindLaw.com - Virginia Code Title 55.1. Property and Conveyances § 55.1-300.1. Certificate of Release of Certain Prohibited Covenants - last updated January 01, 2025 | https://codes.findlaw.com/va/title-55-1-property-and-conveyances/va-code-sect-55-1-300-1/
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