Virginia Code 55.1-300.1: Certificate of Release of Certain Prohibited Covenants.
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:
Terms Used In Virginia Code 55.1-300.1
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- sworn: means "affirm" or "affirmed. See Virginia Code 1-250
“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.