Virginia Search Requirements (AC March 2024)

One of the most important areas surrounding the examination of title are the Search Requirements set forth by Old Republic National Title Insurance Company. Below is a brief abstract of general requirements for Virginia residential purchase transactions; refinance, equity lines, second loans; and commercial transactions. The complete text regarding Virginia Search Requirements can be found in StarsLink.

Residential Purchase Transactions:

1. If the lot is 20 acres or more with no standard subdivision a 60-year search back to a General Warranty Deed should be performed.
2. If the lot is in a subdivision or is less than 25 acres, at least a 40-year search back to a General Warranty Deed should be performed. One alternative would be to search back to an “on point” prior Owners Policy that is less than 40 years old.
   • Be sure to check all items listed on Schedule B of the policy to determine that deed book and page numbers are accurate.
   • If a 40-year search does not get back to the subdivision of the property which it will not in many cases (oldest Virginia subdivisions date from the 1880s) take broad exceptions in the Owner’s policy for easements and restrictions.
3. Search a subservient access easement until a recorded access easement found.
4. If the legal description references a recorded plat of survey, make sure it is actually recorded where referenced and is legible. If not contact ORT underwriters or require a survey, be done and recorded to provide an insurable legal description. Include a copy with the search notes.
5. All properties require a 20-year judgement search. Perform such on all who owned the property for 20 years prior to the transaction you are insuring.

Residential Refinance, Equity Lines, and Second Loans:

1. If the property being refinanced does not qualify for a Short Form Residential Loan Policy, then you should proceed as if it were a Residential Purchase Transaction as above.
2. If the property does qualify for a Short Form Title Policy, then a two-owner title search back to a general warranty deed is required along with a judgement search for all who owned the property in the prior 20 years. For two owners only count “bona fide purchasers for value.”
3. Although frequently issued, the Short Form Residential Loan Policy is only available for specific types of transactions (platted subdivisions, existing improvements, condominiums, and townhomes).

Commercial Property Search Requirements:

1. Search back at least 60 years to a general warranty deed. 100 years is recommended.
2. Be prepared to provide copies of all easements, restrictions, and the vesting deed to the lenders counsel.
3. A seller provided Owners Policy should only be used as a guide, a full independent search still needs to be performed.
4. A mineral search must go back to at least 1850 and perhaps further depending on the need for the search and the locality involved. 

Please contact underwriting counsel at VAUnderwriting@OldRepublicTitle.com for specific questions regarding Virginia search requirements.