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Buying ยท Land

Buying land in Southwest VirginiaThree moments the law fixes put every check in order.

Buying land in Southwest Virginia runs on three moments Virginia law fixes: the signed writing, ratification and the recorded deed. Permission, the owner of record, access, the flood map and the loan question belong before the offer; soil, well, survey, title and the entrance run inside the contract's due diligence window; the settlement agent, the loan clock and recording come before the deed records.

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The calendar

Three moments the law fixes, and what belongs to each

A Virginia land purchase has three fixed points: the signed writing without which no action lies on a sale contract, ratification, and recording, before which a deed is void as to purchasers for valuable consideration without notice and lien creditors.

The three contract moments on a Virginia land purchase
MomentWhat must exist for itChecks that belong here
Before the offerNo action may be brought on a sale contract unless it, or a memorandum of it, is in writing and signed by the party to be charged (Va. Code 11-2)Permission to walk, the owner of record, legal access and the road, the flood map, representation, the loan question
Ratification, then the windowFull execution of the contract by all parties, as the Residential Property Disclosure Act defines ratification (Va. Code 55.1-700)The broker's escrow clock, then, inside the contract's window: soil, well, survey, title, water and sewer, the entrance, zoning
SettlementThe deed, which Va. Code 55.1-407 leaves void as to purchasers for valuable consideration without notice and lien creditors until it is recorded in the county or city where the land liesThe settlement agent, the loan clock, title and flood insurance, recording
The two clocks this guide takes from law are the broker's escrow clock and the Closing Disclosure's three business days, each with its scope; the due diligence window is a contract term.

The order is the argument: a check made before the offer shapes the offer, a check left for the window runs on the contract's time, and a question still open at recording becomes the new owner's.

Before the offer

Before any signature: permission, the record and the map

Before a signed writing exists, the checks that fit are the ones that need no contract: permission, public records, a federal map and a lender's answer.

Walking the tract

Va. Code 18.2-119 makes it a Class 1 misdemeanor to go on or remain on another's land "without authority of law" once the owner or someone lawfully in charge has forbidden it, by word, in writing or by posted signs, and hunting, fishing or trapping on posted land falls under its own section, 18.2-134. Neither says an unposted field is open, so permission to walk land gets a separate answer.

The owner of record and the parcel number

Va. Code 58.1-3344 makes the owner's name on a tax assessment a collection convenience, and Carroll County's GIS site names recorded plats and deeds as the authoritative source for ownership, which is where finding who owns a piece of land starts. Carroll County's clerk page uses the term Tax Map/Parcel ID number, and in localities with a unique parcel identification system, Va. Code 17.1-252 has the clerk require that kind of number on a deed's first page or its cover sheet; see parcel identification number.

Legal access and the road

Nelson v. Davis (Supreme Court of Virginia, 2001) lists easements by express grant or reservation, implication, estoppel or prescription, and VDOT says state-maintained secondary roads carry route numbers of 600 and above. Which easement, if any, reaches a tract is taken up under legal access to land; whether its road is state-maintained is the VDOT residency's to confirm.

The flood map

FEMA's Flood Map Service Center is the official public source for NFIP flood hazard information, and 44 CFR 59.1 defines the area of special flood hazard as "the land in the flood plain within a community subject to a 1 percent or greater chance of flooding in any given year." Reading a floodplain map is a guide of its own.

Who represents the buyer

Va. Code 54.1-2132 has a licensee engaged by a buyer enter into a brokerage agreement with that buyer before showing the buyer property. Whether a purchase needs a buyer's agent to buy land is answered on its own page.

Which loan the ground can carry

Fannie Mae's Selling Guide (B2-3-01, 09/03/2025) excludes mortgages on "vacant land or land development properties" and on properties "not readily accessible by roads that meet local standards"; for a working farm, USDA's Farm Service Agency offers Farm Ownership Loans on conditions its local office applies. Which lender will write a mortgage on land is the lender's answer, and the offer's financing terms follow from it.

After ratification

After ratification: one clock in the Code, the rest in the contract

Ratification starts a broker's clock on any deposit the broker receives; when the investigation window opens and closes is for the contract to say.

A deposit a broker receives to hold in the firm's escrow account must be placed there by the close of the fifth business banking day after ratification, unless the principals agree otherwise in writing, under Va. Code 54.1-2108.2, which 18VAC135-20-181 applies: a broker's duty, not a buyer's payment deadline. Its path runs through earnest money and contingencies, and a failed deal's deposit is argued under earnest money on a land contract.

The window has no statutory length. Va. Code 55.1-703 advises house purchasers to exercise "whatever due diligence a particular purchaser deems necessary", a scope rather than a schedule, and a tract with no dwelling is outside that Act. The contract sets the due diligence period, and what an as-is clause leaves to the buyer is covered under as is when you buy land.

Soil and the health department

Under 12VAC5-610-450 percolation tests are "only one of many criteria" for soil suitability, a sewage permit request is directed initially to the district or local health department (12VAC5-610-250) on a VDH application signed by the owner or agent, and Va. Code 32.1-163.4 has private evaluations accepted from licensed onsite soil evaluators. Who orders the perc test, how long a perc test takes and whether a buyer can back out if the perc test fails are answered separately.

A letter in place of a permit

A certification letter under Va. Code 32.1-164 recognizes appropriate onsite sewage site conditions without a system design, may be recorded, and transfers with title. The letter matters because of Va. Code 32.1-165, under which no county, city or town issues a permit for "a building designed for human occupancy" until the Commissioner or his agent has authorized it in writing.

The well

After November 6, 2024, no one may construct, alter, abandon or increase the depth of a private well without a written construction permit from the commissioner (12VAC5-630-220), requested by the owner or the owner's agent (12VAC5-630-230). How a private well permit fits a tract is covered in the wells guide.

The boundary survey

Establishing land boundaries is land surveying (Va. Code 54.1-400), which needs a license under Va. Code 54.1-406 unless an exemption applies, and the survey standard does not have the surveyor research title (18VAC10-20-370). The lines are the surveyor's answer, set out in how a land survey works.

The title search

The State Corporation Commission's title insurance guide says "Buyers of real property should have a title search performed", by a title company, title agency, title abstractor or attorney reading the historical public records.

Water and sewer at the parcel

Whether a public line reaches a tract is answered parcel by parcel, and what a listing means by public water and sewer at the parcel has its own answer.

The entrance

No entrance may be built in a state highway right-of-way until VDOT approves the location and issues a permit (24VAC30-73-60), and the permit carries only VDOT's own rights there (24VAC30-151-20). The application is covered under VDOT permit for a driveway.

Zoning, subdivision and a split

On a split, Va. Code 15.2-2254 says "No person shall sell or transfer any land of a subdivision, before a plat has been duly approved and recorded" unless the subdivision was lawfully created before the ordinance. Va. Code 15.2-2240 has every locality adopt such an ordinance, while zoning districts are a locality's option under Va. Code 15.2-2280, and those rules feed what makes a lot buildable, and zoning vs no zoning covers the rest.

Settlement

Before the deed records: the agent, the loan clock and the clerk

Several settlement rules were written for one to four dwelling units, so each below carries its scope.

Choosing the settlement agent

Va. Code 55.1-1006 lets a purchaser select the settlement agent, but Va. Code 55.1-1002 limits that chapter, except as its subsection B provides, to real estate of not more than four residential dwelling units, so its reach to a bare tract is an attorney's question. The Code's settlement services, from ordering title insurance to preparing settlement statements, are set out under settlement in Virginia.

The loan clock

On a covered consumer loan the creditor must ensure the borrower receives the Closing Disclosure no later than three business days before consummation (12 CFR 1026.19), but Regulation Z excludes credit primarily for a business, commercial or agricultural purpose (12 CFR 1026.3). The lender says which applies; the other clocks are under how long closing takes on land.

Owner's and lender's title policies

The SCC's guide says a buyer may purchase an owner's policy while the lender will require a loan policy, and "Local practice, not the law, determines who pays the premium." The owner's-coverage notice in Va. Code 38.2-4616 is written for residential real property; title insurance on land covers each policy.

Flood insurance and a building

Under 42 U.S.C. 4012a, regulated lenders are directed not to lend on improved real estate or a mobile home in a special flood hazard area where flood insurance is available unless the building is insured. The mandate follows a building, and the lender applies it.

The deed at the clerk's office

Until it is recorded, Va. Code 55.1-407 leaves a deed "void as to all purchasers for valuable consideration without notice not parties thereto and lien creditors", and Va. Code 17.1-223 has a writing recorded on payment of its fees and any tax. In Carroll County the recording office is the circuit court clerk's, and the Carroll County deed answer lists the steps to record a deed in Carroll County.

A house, a farm or commercial ground starts from a different record, sorted on the hub for buying land, homes and farms.

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Questions

Good questions, straight answers.

Does a due diligence window start at ratification or when the deposit is paid?

Whichever the contract names. The start and length of a due diligence period are contract terms. The fifth business banking day in Va. Code 54.1-2108.2 is a broker's duty to escrow a deposit, not the start of the buyer's window.

Does a buyer of vacant land get to pick the settlement agent?

Possibly, and a Virginia real estate attorney answers it for a particular purchase. Va. Code 55.1-1006 gives a purchaser that right inside a chapter that Va. Code 55.1-1002 limits, except as its subsection B provides, to real estate "containing not more than four residential dwelling units".

Does a land buyer's deed protect them before it is recorded?

Not against everyone. Until the deed is recorded in the county or city where the land lies, Va. Code 55.1-407 makes it void as to purchasers for valuable consideration without notice and lien creditors. What an unrecorded deed does between the parties themselves is a question for a Virginia real estate attorney.

Sources

Where this page's facts come from

Every rule, office and figure above traces to one of these. Rules change; check the office before you act on one.