The Evolution Of E-Commerce In Virginia Real Property Transactions

Ronald D. Wiley, Jr. *

The General Assembly amended section 17.1-258.3:1 of the Virginia Code in 2017 to provide that “[a]ny clerk of a circuit court with an electronic filing system established in accordance with this section may charge a fee not to exceed $5 per instrument for every land record filed by paper.” The amendment also deleted the five-dollar fee that Code section previously authorized for electronic recordation of any instrument. The obvious purpose of the amendment is to encourage electronic filing of land records where possible.

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* Underwriting Counsel, Old Republic Title Insurance Company. J.D., 1983, University of Richmond School of Law; Virginia State Bar, Real Property Section, Board of Governors, Treasurer. Since 2013, Mr. Wiley has assisted in course instruction on real estate transactions and financing at the University of Richmond School of Law.