dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 9 (BRANCH PILOTS)
§ 54.1-910. What vessels to take pilots and where.
The master of every vessel, other than vessels exclusively engaged in the coastwise trade and those made exempt by United States statutes, inward bound from sea to any port in Virginia or any intermediate or other point in Hampton Roads, the Virginia waters of Chesapeake Bay, or in any navigable river in Virginia which flows into Chesapeake Bay or Hampton Roads, shall take the first Virginia pilot that offers his services. Any such vessel outward bound, or bound from one port or point in Virginia to another port or point, shall take the first Virginia pilot that offers his services at the port, point, or place of departure or sailing. Any master refusing to do so shall immediately pay to such pilot full pilotage from the point where the services are offered to the point of destination of the vessel.

Code 1950, § 54-544; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 9 (BRANCH PILOTS)
§ 54.1-911. Notice to pilot officers.
The master, agent or consignee of any vessel requiring a pilot shall give at least two hours' notice of the need for a pilot to the pilot officers.

Code 1950, § 54-547; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 9 (BRANCH PILOTS)
§ 54.1-912. Employing unlicensed pilots.
No master shall employ any person who is not licensed as a pilot to act as a pilot of his vessel.

Code 1950, § 54-548; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 9 (BRANCH PILOTS)
§ 54.1-913. Concealing name of vessel.
The master of a vessel shall not conceal or obscure or refuse to disclose the name of his vessel when spoken to by a pilot.

Code 1950, § 54-549; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 9 (BRANCH PILOTS)
§ 54.1-914. Keeping pilot boat.
Every pilot, or the company to which he belongs, shall keep one sufficient boat of at least thirty feet keel.

Code 1950, § 54-550; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 9 (BRANCH PILOTS)
§ 54.1-915. Pilot first meeting vessel at sea to have preference.
The first pilot who meets a vessel coming in, which his branch entitles him to conduct, shall have the right to take charge of and conduct her into port.

Code 1950, § 54-554; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 9 (BRANCH PILOTS)
§ 54.1-916. Discretion of pilot piloting vessel.
Any pilot piloting a vessel shall have full discretion as to when the vessel shall be piloted to or from sea, or to or from any port or place within the Commonwealth or situated within any of the waters referred to in § 54.1-910. The pilot's discretion shall be exercised in a reasonable way, with a view to the vessel's safety as well as with a view to the safety of the Commonwealth's waters and ports.

Code 1950, § 54-558; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 9 (BRANCH PILOTS)
§ 54.1-917. Enforcement of suspension.
If any individual whose pilot's license has been suspended is found on board any vessel as a pilot, or offers to conduct any vessel, he may be dismissed from the vessel by any licensed pilot, to whom all the pilotage shall be paid. The Board may proceed against the individual under the provisions of § 54.1-924 as if the individual had never been licensed. An individual whose pilot's license has been suspended may also be proceeded against under § 54.1-111.

Code 1950, § 54-561; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 9 (BRANCH PILOTS)
§ 54.1-918. State Corporation Commission to prescribe and enforce rates of pilotage and other charges.
The State Corporation Commission shall prescribe and enforce the rates of pilotage and other charges to be observed in the business of pilotage, but before the Commission fixes or prescribes rates or charges it shall give ten days' notice of the time and place of a hearing by publication in a newspaper of general circulation in each of the Cities of Norfolk, Portsmouth and Newport News. For the purpose of determining the fair basis of such rates and charges, the Commission shall, for the two years next preceding, have access to the books and records of the individual pilots who have no organized association, and of any association of pilots who have an organized association whose rates are to be fixed by the Commission, and shall have the same powers given by law in fixing rates and charges of transportation companies.

The Commission shall fix amounts that will be a fair charge for the service rendered. The Commission shall have due regard for necessary operating expenses, maintenance of, depreciation on, and return on investment in properties used and useful in the business of pilotage, and the rates and charges of pilotage at comparable and competing ports of the United States.

When such rates and charges have been fixed and prescribed by the Commission, they shall be the legal rates and charges of pilotage in Virginia, and shall be enforced as provided by law, and the Commission shall have the power to change or alter rates or charges after notice and hearing as provided in this section.

Code 1950, § 54-562; 1988, c. 765; 1992, c. 10.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 9 (BRANCH PILOTS)
§ 54.1-919. Appeal from action of Commission.
From any action of the State Corporation Commission under § 54.1-918, an appeal may be taken by the individual pilots, company or association affected, or by any other person, firm or corporation aggrieved by such action, in the manner prescribed in Article IX, Section 4 of the Constitution of Virginia.

Code 1950, § 54-563; 1971, Ex. Sess., c. 37; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 9 (BRANCH PILOTS)
§ 54.1-920. Detention on seagoing vessel.
If a pilot is detained on board any seagoing vessel he shall be paid by the master, owner, or consignee of the vessel the rate prescribed by the State Corporation Commission for a day's detention for each day detained. If any pilot is carried beyond the limits of the Commonwealth against his will, he shall be entitled to recover $300 from the master or owner of the vessel upon which he has been carried away.

Code 1950, § 54-564; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 9 (BRANCH PILOTS)
§ 54.1-921. Quarantine detention.
If any pilot is permitted to go on board a vessel without being informed of a contagious or infectious disease on board, and is obligated to remain on board, or perform quarantine in consequence thereof he shall be paid for each day's detention in accordance with the rate prescribed for a day's detention by the State Corporation Commission.

Code 1950, § 54-565; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 9 (BRANCH PILOTS)
§ 54.1-922. Liability for pilotage and other allowances.
The master and the owner of every vessel shall each be liable to the pilot for his pilotage and other allowances, and also the consignee or supercargo of any vessel not owned by a resident of the Commonwealth. If the consignee or supercargo refuses to become responsible to the pilot for his fees, the master or owner of the vessel shall, before she leaves her port of departure, deposit with some responsible person, subject to the order of the pilot, the amount of the pilotage due him.

Code 1950, § 54-566; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 9 (BRANCH PILOTS)
§ 54.1-923. When pilot to produce branch.
Every pilot shall, if required, produce his branch at the time of demanding his fees, before he shall be entitled to receive the same.

Code 1950, § 54-569; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 9 (BRANCH PILOTS)
§ 54.1-924. Piloting, etc., vessel without license; how offenders proceeded against.
No person shall conduct or pilot a vessel to or from sea, or to or from any port or place in Virginia unless he is licensed under this chapter.

Warrants for persons violating this section may be issued by any magistrate, upon the oath of any party complaining, and shall be returnable to the Circuit Court of the City of Norfolk. After a bond hearing held pursuant to Chapter 9 (§ 19.2-119 et seq.) of Title 19.2, the bond shall be returned by the judicial officer to the circuit court of the City of Norfolk, which shall have jurisdiction for trial of such misdemeanor.

Code 1950, § 54-571; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 9 (BRANCH PILOTS)
§ 54.1-925. Exception as to vessels in distress.
Section 54.1-924 shall not prevent any person from assisting a vessel in distress.

Code 1950, § 54-572; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 9 (BRANCH PILOTS)
§ 54.1-926. Pilot receiving unlawful fees.
No pilot shall demand or receive other than the lawful fee for any service. Any pilot who violates this section may be suspended by the Board for up to six months.

Code 1950, § 54-573; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 9 (BRANCH PILOTS)
§ 54.1-927. Violation of chapter a misdemeanor.
Any person who violates any of the provisions of this chapter shall be guilty of a Class 1 misdemeanor.

1988, c. 765.
Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-100. Aliens may acquire, hold, and transmit real estate; when reciprocity required.
Any alien, not an enemy, may acquire by purchase or descent and hold real estate in the Commonwealth, and such real estate shall be transmitted in the same manner as real estate held by citizens. However, if, at the time of the transfer, a court of the Commonwealth determines that the laws of a foreign country or sovereignty effectively deny a Virginia resident, legatee, or distributee the benefit, use, or control of money or other property held in such foreign country or sovereignty, a judgment or order issued in the Commonwealth concerning the rights of a resident of that foreign country or sovereignty to the benefit, use, or control of money or property held in the Commonwealth may direct that the money or property be paid into the court for the benefit of the alien. The money or property paid into court shall be paid out only upon order of the court or pursuant to the order or judgment of a court of competent jurisdiction. Any of the money or property remaining with the court upon expiration of three years from the decedent's death shall be paid out by the court as if the alien had predeceased the decedent.

Code 1919, § 66; Code 1950, § 55-1; 1993, c. 535; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-101. When deed or will necessary to convey estate; no parol partition or gift valid.
A. No estate of inheritance or freehold in lands shall be conveyed unless by deed or will, and no voluntary partition of lands by coparceners, having such an estate in such land, shall be made except by deed. In addition, no right to a conveyance of any such estate or term in land shall accrue to the donee of the land or those claiming under him, under a gift or promise of gift of such estate or term in land not in writing, even if such gift or promise is followed by possession and improvement of the land by the donee or those claiming under him.

B. Any lease agreement or other written document conveying a non-freehold estate in land, which was entered into before, and which remains in effect as of, February 13, 2019, or which is entered into after February 13, 2019, shall not be invalid, unenforceable, or subject to repudiation by the parties to such agreement on account of, or otherwise affected by, the fact that the conveyance of the estate was not in the form of a deed.

Code 1919, § 5141; Code 1950, § 55-2; 2019, cc. 11, 49, 712.
Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-102. When gift of personal property invalid.
No gift of any personal property is valid (i) unless conveyed by deed or will or (ii) unless the donee or a person claiming under the donee has and remains in actual possession of such personal property. If the donor and donee reside together at the time of the gift, possession at the place of their residence is not a sufficient possession within the meaning of this section. This section shall not apply to personal paraphernalia used exclusively by the donee.

Code 1919, § 5142; Code 1950, § 55-3; 1973, c. 401; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-103. Suicide or attainder of felony.
Neither suicide nor attainder of felony shall cause a corruption of blood or forfeiture of estate.

Code 1919, § 4762; Code 1950, § 55-4; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-104. Estates to lie in grant as well as in livery.
All real estate shall, as regards the conveyance of the immediate freehold thereof, be deemed to lie in grant as well as in livery.

Code 1919, § 5146; Code 1950, § 55-5; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-105. Same estates may be created by deed as by will.
Any interest in or claim to real estate, including easements in gross, may be transferred by deed or will. Any estate may be made to commence at a future date, by deed, in like manner as by will, and any estate that would be valid as an executory devise or bequest is valid if created by deed.

Code 1919, § 5147; Code 1950, § 55-6; 1962, c. 169; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-106. Power of disposal in life tenant not to defeat remainder unless exercised; power of disposal held by fiduciary.
If any interest in or claim to real estate or personal property is disposed of by deed or will for life, with a limitation in remainder over, and the same instrument confers expressly or by implication a power upon the life tenant in his lifetime or by will to dispose absolutely of such property, the limitation in remainder over shall not fail, or be defeated, except to the extent that the life tenant lawfully exercised such power of disposal. A deed of trust or mortgage executed by the life tenant shall not be construed to be an absolute disposition of the estate, unless such estate is sold under the deed of trust or mortgage. A power of disposal held by any person in a fiduciary capacity under an express trust in writing shall not be deemed to be held by such fiduciary in a beneficial capacity and shall not be construed in any manner to enlarge the beneficial interest otherwise given to him under such trust.

Code 1919, § 5147; Code 1950, § 55-7; 1978, c. 659; 2005, c. 935; 2019, c. 712.
Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-107. Default or surrender of tenant for life not to prejudice remainderman.
If any tenant for life of land make default or surrender, the heirs or those entitled to the remainder may, before judgment, be admitted to defend their right or, after judgment, may assert their right without prejudice from such default or surrender.

Code 1919, § 5443; Code 1950, § 55-8; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-108. Conveyance of estate or interest in property by grantor to himself and another.
Any person having an estate or interest in real or personal property may convey such estate or interest to himself or to himself and another or others, including to himself and his spouse as tenants by the entirety or otherwise, and the fact that one or more persons are both grantor or grantee or grantors and grantees in the same conveyance shall be no objection to the conveyance. The grantee or grantees in any such conveyance shall take title in like manner, and the estate vested in them shall be the same as if the conveyance had been made by one or more persons who are not also grantee or grantees.

All such conveyances made prior to July 1, 1986, are validated notwithstanding defects in the form thereof that do not affect vested rights.

1945, p. 39; Michie Suppl. 1946, § 5147a; Code 1950, § 55-9; 1986, c. 583; 1987, c. 186; 1999, c. 196; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-109. Deed valid for grantor's right; operation of warranty.
A writing that purports to pass or assure a greater right or interest in real estate than the person making it may lawfully pass or assure shall operate as an alienation of such right or interest in such real estate as such person might lawfully convey or assure; and when the deed of the alienor mentions that he and his heirs will warrant what it purports to pass or assure, if anything descends from him, his heirs shall be barred for the value of what is so descended or liable for such value.

Code 1919, § 5148; Code 1950, § 55-10; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-110. Conveyance, devise, or grant without words of limitation.
When any real estate is conveyed, devised, or granted to any person without any words of limitation, such conveyance, devise, or grant shall be construed to pass the fee simple or other whole estate or interest that the testator or grantor has power to dispose of in such real estate, unless a contrary intention is apparent in the conveyance, devise, or grant.

Code 1919, § 5149; Code 1950, § 55-11; 2019, c. 712.
Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-111. Fee tail converted into fee simple.
Every estate in lands so limited that, as the law was on October 7, 1776, such estate would have been an estate tail shall be deemed an estate in fee simple, and every limitation upon such an estate shall be held valid if the same would be valid when limited upon an estate in fee simple created by technical language.

Code 1919, § 5150; Code 1950, § 55-12; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-112. Estate of freehold to one with remainder to heirs, etc.; rule in Shelley's Case abolished.
Wherever any person by deed, will, or other writing takes an estate of freehold in land, or takes such an interest in personal property as would be an estate of freehold if it were an estate in land, and in the same deed, will, or writing an estate is afterwards limited by way of remainder to his heirs, or the heirs of his body, or his issue, the words "heirs," "heirs of his body," and "issue," or other words of like import used in the deed, will, or writing in the limitation therein by way of remainder shall not be construed as words of limitation carrying to such person the inheritance as to the land, or the absolute estate as to the personal property, but they shall be construed as words of purchase, creating a remainder in the heirs, heirs of the body, or issue.

Code 1919, § 5152; Code 1950, § 55-14; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-113. Doctrine of worthier title abolished.
The doctrine of worthier title is abolished in the Commonwealth as a rule of law and as a rule of construction.

2007, c. 215, § 55-14.1; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-114. When contingent remainder not to fail.
A contingent remainder shall not fail for want of a particular estate to support it.

Code 1919, § 5153; Code 1950, § 55-15; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-115. When remainders not defeated.
The alienation of a particular estate on which a remainder depends, or the union of such estate with the inheritance by purchase or descent, shall not operate, by merger or otherwise, to defeat, impair, or otherwise affect such remainder.

Code 1919, § 5154; Code 1950, § 55-16; 2019, c. 712.
Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-116. In what conveyances possession transferred to the use.
By deed of bargain and sale, or by deeds of lease and release, or by covenant to stand seized to the use, or deed operating by way of covenant to stand seized to the use, the possession of the grantor shall be deemed transferred to the grantee or other person entitled to the use, for the estate or interest that such person has in the use, as perfectly as if the grantee or other person entitled to the use had been enfeoffed with livery of seisin of the land intended to be conveyed by such deed or covenant.

Code 1919, § 5155; Code 1950, § 55-17; 2019, c. 712.
Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-118. Deed of release effectual.
Every deed of release of any estate or interest capable of passing by deed of lease or release shall be as effectual for the purposes expressed in such deed of release, without the execution of a lease, as if the same had been executed.

Code 1919, § 5156; Code 1950, § 55-18; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-119. When person not a party, etc., may take or sue under instrument.
An immediate estate or interest in or the benefit of a condition respecting any estate may be taken by a person under an instrument, although he is not a party to such instrument; and if a covenant or promise is made for the benefit, in whole or in part, of a person with whom it is not made, or with whom it is made jointly with others, such person, whether named in the instrument or not, may maintain in his own name any action thereon that he might maintain as though it had been made with him only and the consideration had moved from him to the party making such covenant or promise. In such action, the covenantor or promisor shall be permitted to make all defenses he may have, not only against the covenantee or promisee, but also against such beneficiary.

Code 1919, § 5143; Code 1950, § 55-22; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-120. Informalities in deeds made by attorneys-in-fact.
If, in a deed made by one as attorney-in-fact for another, the words of conveyance or the signature is in the name of the attorney, it is as much the principal's deed as if the words of conveyance or the signature were in the name of the principal by the attorney, if it is manifest on the face of the deed that it should be construed to be that of the principal to give effect to its intent.

Code 1919, § 5145; Code 1950, § 55-23; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-121. Time for objections to irregularities in advertising sales made by trustees.
All deeds made and executed prior to January 1, 1940, by trustees conveying property sold under deeds of trust in which default was made in the debt secured and as to which irregularities in advertising such sales have occurred shall be held and the same are hereby declared valid in all respects, if otherwise valid according to law then in force, after the expiration of 15 years from the date on which such sale was made by such trustees.

1924, p. 308; Michie Code 1942, § 5827b; Code 1950, § 55-24; 1952, c. 375; 1960, c. 105; 2019, c. 712.
Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-122. Recovery at death of life tenant of taxes paid on life estate.
When any person dies possessed of a life estate in real estate that was assessed with taxes in the name of such life tenant for the year in which such life tenant dies and such taxes are paid for that year by any person other than the remainderman entitled to such real estate, such person or his estate so paying such taxes shall be entitled to recover from such remainderman such proportionate part of the sum so paid as that part of the year following the death of the life tenant bears to the entire year, provided, however, that if upon the death of the life tenant the real estate shall come into the possession of another life tenant, such recovery shall be had from the subsequent life tenant and not from the remainderman.

1932, p. 331; Michie Code 1942, § 5392a; Code 1950, § 55-25; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-123. Removal of a cloud on title; nature of plaintiff's title.
When a petition is filed to remove a cloud on the title to real estate, relief shall not be denied the complainant because he has only an equitable title to such real estate and is out of possession, but the court shall grant to the complainant such relief as he would be entitled to if he held the legal title and was in possession. If an issue of fact is raised which but for this section would entitle either party to a trial by jury, the court shall, upon the request of the party so entitled, order such issue to be tried by a jury.

Code 1919, § 6248; Code 1950, § 55-153; 2019, c. 712.
Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-125. When nonvested property interest or power of appointment created.
A. Except as provided in this section and in subsection B of § 55.1-128, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.

B. For the purposes of §§ 55.1-124 through 55.1-129, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (i) a nonvested property interest or (ii) a property interest subject to a power of appointment described in subsection B or C of § 55.1-124, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.

C. For the purposes of §§ 55.1-124 through 55.1-129, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.

D. For the purposes of §§ 55.1-124 through 55.1-129, except as provided in subsection B of § 55.1-128, if a nongeneral or testamentary power of appointment is exercised to create another nongeneral or testamentary power of appointment, every nonvested property interest or power of appointment created through the exercise of such other nongeneral or testamentary power is considered to have been created at the time of the creation of the first nongeneral or testamentary power of appointment.

2000, c. 714, § 55-12.2; 2019, c. 712; 2024, cc. 52, 123.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-126. Reformation.
Upon the petition of an interested person, a circuit court in the county or city in which the affected property or the greater part of such property is located shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the 90 years allowed by subdivision A 2, B 2, or C 2 of § 55.1-124 if:

1. A nonvested property interest or a power of appointment becomes invalid under § 55.1-124;

2. A class gift is not but might become invalid under § 55.1-124 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or

3. A nonvested property interest that is not validated by subdivision A 1 of § 55.1-124 can vest but not within 90 years after its creation.

2000, c. 714, § 55-12.3; 2019, c. 712.
Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-128. Prospective application.
A. Sections 55.1-124 through 55.1-129 apply to a nonvested property interest or a power of appointment that is created on or after July 1, 2000.

B. For purposes of subsection A, the first sentence of subsection F of § 55.1-124, and subdivision A 8 of § 55.1-127, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.

2000, c. 714, § 55-12.5; 2019, c. 712; 2024, cc. 52, 123.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-129. Uniformity of application and construction.
Sections 55.1-124 through 55.1-129 shall be applied and construed to effectuate their general purpose to make the law uniform with respect to the rule against perpetuities among states enacting it.

2000, c. 714, § 55-12.6; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-130. Certain limitations construed.
Every limitation in any deed or will contingent upon the dying of any person without heirs, heirs of the body, issue, issue of the body, children, offspring or descendants, or other relatives shall be construed a limitation to take effect when such person dies not having such heir, issue, child, offspring, descendant, or other relative, as the case may be, living at the time of his death, or born to him within 10 months after his death, unless the intention of such limitation be otherwise plainly declared on the face of the deed or will creating it.

Code 1919, § 5151; Code 1950, § 55-13; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-131. Employee trusts.
Pension, profit sharing, stock bonus, annuity, or other employee trusts established by employers for the purpose of distributing the income and principal of such trust to some or all of their employees, or the beneficiaries of such employees, shall not be invalid as violating any laws or rules against perpetuities or restraints on the power of alienation of title to property; but such trusts may continue for such period of time as may be required by their provisions to accomplish the purposes for which they are established.

1950, p. 740, § 55-13.1; 2019, c. 712.
Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-132. Determination of "lives in being" for purpose of rule against perpetuities.
A. For the purpose of determining whether the terms of an inter vivos trust provide for a duration in excess of that allowed under the rule against perpetuities, the determination of "lives in being" shall be made as of the death of the settlor, if the settlor has at his death the unrestricted right, acting alone, to revoke the trust or to have transferred to himself the entire legal and beneficial interest in all property, both principal and income, held in the trust. In the event that the settlor surrenders both such rights at any time prior to his death, the determination of "lives in being" shall be made as of the time that the settlor, upon establishment of the trust or otherwise, surrenders the unrestricted right acting alone to revoke the trust and the unrestricted right acting alone to have transferred to himself the entire legal and beneficial interest in all property, both principal and income, held in the trust.

B. This section shall apply only to a nonvested property interest in an inter vivos trust created before July 1, 2000.

1966, c. 260, § 55-13.2; 2000, c. 714; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-133. Application of the rule against perpetuities to nondonative transfers.
A. Except for the transactions set forth in § 55.1-127, which are governed by the provisions of §§ 55.1-124 through 55.1-129, a nondonative transfer of an interest in property fails, if the interest does not vest, if it ever vests, within the period of the common-law rule against perpetuities.

B. The provisions of this section (i) in force on June 30, 2000, shall apply to all donative interests created on or after July 1, 1982, and before July 1, 2000, and (ii) in force on July 1, 2000, shall apply to all nondonative interests created on or after July 1, 1982.

1982, c. 249, § 55-13.3; 2000, cc. 658, 714; 2013, c. 323; 2019, c. 712.
Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-134. Survivorship between joint tenants abolished.
A. When any joint tenant dies, before or after the vesting of the estate, whether the estate is real or personal, or whether partition could have been compelled or not, his part shall descend to his heirs, pass by devise, or go to his personal representative, subject to debts or distribution, as if he had been a tenant in common.

B. This section shall not apply to any estate that joint tenants have as fiduciaries or to any real or personal property transferred to persons in their own right when it manifestly appears from the tenor of the instrument transferring such property or memorializing the existence of a chose in action that it was intended the part of the one dying should then belong to the others. This section does not affect the mode of proceeding on any joint judgment or order in favor of or on any contract with two or more one of whom dies.

Code 1919, §§ 5159, 5160; Code 1950, §§ 55-20, 55-21; 1990, c. 831; 1999, c. 196; 2001, c. 718; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-135. Joint ownership in real and personal property.
Any persons may own real or personal property as joint tenants with or without a right of survivorship. When any person causes any real or personal property, or any written memorial of a chose in action, to be titled, registered, or endorsed in the name of two or more persons "jointly," as "joint tenants," in a "joint tenancy," or other similar language, such persons shall own the property in a joint tenancy without survivorship as provided in § 55.1-134. If, in addition, the expression "with survivorship," or any equivalent language, is employed in such titling, registering, or endorsing, it shall be presumed that such persons are intended to own the property as joint tenants with the right of survivorship as at common law. This section is not applicable to multiple party accounts under Article 2 (§ 6.2-604 et seq.) of Chapter 6 of Title 6.2 or to any other matter specifically governed by another provision of the Code.

If any real or personal property is conveyed or devised to spouses, they shall take and hold such property by moieties in the same manner as if a distinct moiety had been given to each spouse by a separate conveyance, unless language as provided in this section or in § 55.1-136 is used that designates the tenancy as a joint tenancy or a tenancy by the entirety and all requirements for holding property by such tenancy are met.

Code 1919, § 5160; Code 1950, § 55-21; 1999, c. 196, § 55-20.1; 2000, c. 331; 2001, c. 718; 2019, c. 712.
Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-136. Tenants by the entirety in real and personal property; certain trusts.
A. Spouses may own real or personal property as tenants by the entirety for as long as they are married. Personal property may be owned as tenants by the entirety whether or not the personal property represents the proceeds of the sale of real property. An intent that the part of the one dying should belong to the other shall be manifest from a designation of the spouses as "tenants by the entireties" or "tenants by the entirety."

B. Except as otherwise provided by statute, no interest in real property held as tenants by the entirety shall be severed by written instrument unless the instrument is a deed signed by both spouses as grantors.

C. Notwithstanding any contrary provision of § 64.2-747, any property of spouses that is held by them as tenants by the entirety and conveyed to their joint revocable or irrevocable trusts, or to their separate revocable or irrevocable trusts, and any proceeds of the sale or disposition of such property, shall have the same immunity from the claims of their separate creditors as it would if it had remained a tenancy by the entirety, so long as (i) they remain married to each other, (ii) it continues to be held in the trust or trusts, and (iii) it continues to be their property, including where both spouses are current beneficiaries of one trust that holds the entire property or each spouse is a current beneficiary of a separate trust and the two separate trusts together hold the entire property, whether or not other persons are also current or future beneficiaries of the trust or trusts. The immunity from the claims of separate creditors under this subsection may be waived as to any specific creditor, including any separate creditor of either spouse, or any specifically described property, including any former tenancy by the entirety property conveyed into trust, by the trustee acting under the express provision of a trust instrument or with the written consent of both spouses.

2001, c. 718, § 55-20.2; 2006, c. 281; 2015, c. 424; 2017, c. 38; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-137. Creation of solar easements.
Any easement obtained for the purpose of exposure of solar energy equipment, facilities, or devices shall be created in writing and shall be subject to the same conveyancing and instrument recording requirements as other easements.

1978, c. 323, § 55-353; 2019, c. 712.
Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 1 (Creation and Limitation of Estates)
§ 55.1-138. Contents of solar easement agreements.
Any instrument creating a solar easement shall include, at a minimum:

1. The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement;

2. Any terms or conditions under which the solar easement is granted or will be terminated; and

3. Any provisions for compensation of the owner of the property subject to the solar easement.

1978, c. 323, § 55-354; 2019, c. 712.
Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 10 (Real Estate Settlement Agents)
§ 55.1-1001. Limitation on applicability of chapter.
Nothing in this chapter shall be construed to prevent a person licensed under Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1, or such licensee's employees or independent contractors, from performing escrow, closing, or settlement services to facilitate the settlement of a transaction in which the licensee is involved without complying with the provisions of this chapter, so long as the licensee, the licensee's employees, or independent contractors are not named as the settlement agent on the settlement statement or closing disclosure and the licensee is otherwise not prohibited from performing such services by law or regulation.

1997, c. 716, § 6.1-2.19; 1998, cc. 69, 162, 736; 1999, c. 647, § 6.1-2.30; 2010, c. 794, § 55-525.17; 2016, c. 619; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 10 (Real Estate Settlement Agents)
§ 55.1-1002. Scope of chapter; lay real estate settlement agents.
A. Except as provided in subsection B, this chapter applies only to transactions involving the purchase of or lending on the security of real estate located in the Commonwealth containing not more than four residential dwelling units.

B. Notwithstanding any rule of court or other provision of this chapter to the contrary:

1. A lay real estate settlement agent may provide escrow, closing, and settlement services for any real property located within the Commonwealth, and receive compensation for such services, provided that he is registered pursuant to and is in compliance with the provisions of this chapter with the exception of subsection A; and

2. A party to a real estate transaction involving the purchase of or lending on the security of real estate located in the Commonwealth containing more than four residential dwelling units shall have the same authority as a party to a real estate transaction as is provided pursuant to subsection B of § 55.1-1003.

1997, c. 716, § 6.1-2.19; 1998, cc. 69, 162, 736; 1999, c. 647, § 6.1-2.32; 2010, c. 794, § 55-525.18; 2019, c. 712.
Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 10 (Real Estate Settlement Agents)
§ 55.1-1003. Persons who may act as a settlement agent.
A. A person shall not act in the capacity of a settlement agent, and a lender, seller, purchaser or borrower may not contract with any person to act in the capacity of a settlement agent, with respect to real estate settlements in the Commonwealth unless the person has not been convicted of a felony, unless such person has had his civil rights restored by the Governor or been granted a writ of actual innocence, and is either:

1. Licensed as an attorney under Chapter 39 (§ 54.1-3900 et seq.) of Title 54.1;

2. Licensed as a title insurance company under Title 38.2;

3. Licensed as a title insurance agent under Title 38.2 and is appointed by a title insurance company licensed in the Commonwealth pursuant to Chapter 18 (§ 38.2-1800 et seq.) of Title 38.2;

4. Licensed as a real estate broker under Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1;

5. A financial institution authorized to do business in the Commonwealth under any of the provisions of Title 6.2 or under federal law; or

6. A subsidiary or affiliate of a financial institution described in subdivision 5.

Any person described in subdivisions 1 through 6 not acting in the capacity of a settlement agent shall not be subject to the provisions of this chapter.

B. Notwithstanding any rule of court to the contrary, a settlement agent operating in compliance with the requirements of this chapter or a party to the real estate transaction may provide escrow, closing, or settlement services and receive compensation for such services.

1997, c. 716, § 6.1-2.21; 1998, c. 69; 2000, c. 549; 2002, c. 464; 2007, c. 898; 2008, c. 92; 2010, c. 794, § 55-525.19; 2019, c. 712.
Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 10 (Real Estate Settlement Agents)
§ 55.1-1005. Persons prohibited from assisting or being employed by settlement agents.
A. A person who has been convicted of a felony involving fraud, deceit, or misrepresentation shall not assist a settlement agent in the performance of escrow, closing, or settlement services involving the receipt or disbursement of funds from real estate settlements in the Commonwealth.

B. A settlement agent shall not employ a person who has been convicted of a felony involving fraud, deceit, or misrepresentation in an administrative or clerical capacity that involves the receipt or disbursement of funds from real estate settlements in the Commonwealth.

1997, c. 716, § 6.1-2.21; 1998, c. 69; 2000, c. 549; 2002, c. 464; 2007, c. 898; 2008, c. 92; 2010, c. 794, § 55-525.21; 2019, c. 712.

Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 10 (Real Estate Settlement Agents)
§ 55.1-1006. Choice of settlement agent.
A purchaser or borrower in a transaction related to real estate in the Commonwealth shall have the right to select the settlement agent to provide escrow, closing, or settlement services in connection with the transaction. The seller in such a transaction may not require the use of a particular settlement agent as a condition of the sale of the property. Nothing in this chapter shall prohibit a seller from retaining an attorney licensed pursuant to Chapter 39 (§ 54.1-3900 et seq.) of Title 54.1 to represent his interests and provide legal advice pertaining to escrow, closing, or settlement services. Such representation may include deed preparation, fee negotiation, and review of applicable documents and advising the seller on any legal matters related to the settlement or closing process. The settlement agent may not collect any fees from a represented seller payable to the settlement agent or its subsidiaries, affiliates, or subcontractors without first obtaining the written consent of the seller's counsel.

2009, c. 140, § 6.1-2.21:1; 2010, c. 794, § 55-525.22; 2019, c. 712; 2022, cc. 669, 670; 2023, c. 493.
Code of Virginia — Title 55.1 (Property and Conveyances), Chapter 10 (Real Estate Settlement Agents)
§ 55.1-1007. Disclosure.
All contracts involving the purchase of real estate containing not more than four residential dwelling units shall include in at least 10-point boldface type the following language:

"Choice of Settlement Agent: Chapter 10 (§ 55.1-1000 et seq.) of Title 55.1 of the Code of Virginia provides that the purchaser or borrower has the right to select the settlement agent to handle the closing of this transaction. The settlement agent's role in closing this transaction involves the coordination of numerous administrative and clerical functions relating to the collection of documents and the collection and disbursement of funds required to carry out the terms of the contract between the parties. If part of the purchase price is financed, the lender for the purchaser will instruct the settlement agent as to the signing and recording of loan documents and the disbursement of loan proceeds. No settlement agent can provide legal advice to any party to the transaction except a settlement agent who is engaged in the private practice of law in Virginia and who has been retained or engaged by a party to the transaction for the purpose of providing legal services to that party. No settlement agent may collect any fees from a represented seller payable to the settlement agent or its subsidiaries, affiliates, or subcontractors without first obtaining the written consent of the seller's counsel.

"Variation by agreement: The provisions of Chapter 10 (§ 55.1-1000 et seq.) of Title 55.1 of the Code of Virginia may not be varied by agreement, and rights conferred by this chapter may not be waived. The seller may not require the use of a particular settlement agent as a condition of the sale of the property.

"Escrow, closing, and settlement services guidelines: The Virginia State Bar issues guidelines to help settlement agents avoid and prevent the unauthorized practice of law in connection with furnishing escrow, settlement, or closing services. As a party to a real estate transaction, the purchaser or borrower is entitled to receive a copy of these guidelines from his settlement agent, upon request, in accordance with the provisions of Chapter 10 (§ 55.1-1000 et seq.) of Title 55.1 of the Code of Virginia."

1997, c. 716, § 6.1-2.22; 2009, c. 140; 2010, c. 794, § 55-525.23; 2019, c. 712; 2023, c. 493.