SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2008 SESSION
080211616Be it enacted by the General Assembly of Virginia:
1. That § 8.01-268 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-268. When and how docketed and indexed.
A. No lis pendens or attachment shall bind or affect a
subsequent bona fide purchaser of real or personal estate for valuable
consideration and without actual notice of such lis pendens or attachment,
until and except from the time a memorandum setting forth the title of the
cause or attachment, the general object thereof, the court wherein it is
pending, the amount of the claim asserted by the plaintiff, a description of
the property, and the name of the person whose
estate is intended to be affected thereby, and in an action to
enforce a zoning ordinance a description of the alleged violation,
shall be admitted to record in the clerk's office of the circuit court of the
county or the city wherein the property is located; or if it be in that part of
the City of Richmond lying north of the south bank of the James River and
including the islands in such river, in the clerk's office of the Circuit
Court, Division I, of such city, or if it be in the part of the City of
Richmond lying south of the south bank of the James River, in the clerk's
office of the Circuit Court, Division II, of such city. Clerks of circuit
courts are authorized and directed to admit to record memoranda of lis pendens
or attachment for actions pending in any court of this Commonwealth, or in any
other state, federal, or territorial court. The provisions of this section
shall not be construed to mean that any such memoranda heretofore recorded are
not properly of record. Such memorandum shall not be deemed to have been
recorded unless and until indexed as required by law.
B. No memorandum of lis pendens shall be filed unless the action on which the lis pendens is based seeks to establish an interest by the filing party in the real property described in the memorandum, or unless the action on which the lis pendens is based seeks to enforce a zoning ordinance.