17VAC15-70 Standards for Recorded Instruments

REGULATIONS

Vol. 31 Iss. 3 - October 06, 2014

TITLE 17. LIBRARIES AND CULTURAL RESOURCES

LIBRARY BOARD

Chapter 70

Proposed Regulation

Titles of Regulations: 17VAC15-60. Standards for Plats (repealing 17VAC15-60-10 through 17VAC15-60-70).

17VAC15-61. Standards for Permanent Instruments Recorded by Hard Copy (adding 17VAC15-61-10 through 17VAC15-61-60).

17VAC15-70. Standards for Recorded Instruments (repealing 17VAC15-70-10 through 17VAC15-70-70).

17VAC15-80. Standards for Paper for Permanent Circuit Court Records (repealing 17VAC15-80-10 through 17VAC15-80-40).

Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: December 5, 2014.

Agency Contact: Glenn Smith, Records and Information Management Analyst, Library of Virginia, 800 East Broad Street, Richmond, VA 23219, telephone [phone], or email [e-mail].

Basis: Pursuant to § 42.1-82 of the Code of Virginia the Library Board has the power and duty to issue regulations designed to facilitate the creation, preservation, storage, filing, reformatting, management, and destruction of public records by all agencies. The Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia) defines an agency as: "all boards, commissions, departments, divisions, institutions, authorities, or parts thereof, of the Commonwealth or its political subdivisions and includes the offices of constitutional officers."

Purpose: This proposed regulation provides a standard to which each circuit court clerk, or his designee, can compare the medium, inscription, and format of paper instruments presented for recording and filing when such instruments will become permanent records. Without regulation of this subject matter, instruments submitted to record may be of such quality that reformatting them to the copy of record, via electronic image or microfilm, for the purpose of producing copies indefinitely, can be significantly hindered. Records with an inferior ability to be read or copied leave the rights of citizens and property holders in jeopardy. The new regulation is streamlined from the three regulations, which will be repealed in this action, and can be consistently applied by all clerks; it will provide the means by which all who submit and all who examine instruments for recordation can understand and apply the requirements accurately and uniformly.

Substance: The proposed amendments repeal 17VAC15-60 (Standards for Plats), 17VAC-70 (Standards for Recorded Instruments), and 17VAC-80 (Paper Used in Permanent Court Records) and promulgate 17VAC15-61 (Standards for Permanent Instruments Recorded by Hard Copy), omitting obsolete sections and combining requirements for medium, inscription, and format quality for plats, written instruments, and other drawings submitted to circuit courts for permanent retention into a simpler and better organized regulation.

Issues: The primary advantage to the circuit court clerks is a clearer, more effectively applied standard that they will be able to present to record submitters when the instrument submitted does not meet the standards. The proposed regulation is intended to be more easily understood and used by the parties submitting instruments for recordation. This provides an overall advantage to the public in that all instruments submitted for permanent recordation that meet the standards in the proposed regulation will be legible and reproducible whenever the record is accessed or duplicated. There are no disadvantages to the public or the Commonwealth as a result of this regulatory action.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Library of Virginia proposes to 1) remove the current exemption allowing plats prepared prior to 1986 to be recorded as a reference in land records if they meet certain criteria even though they are not original or a first generation copy, and 2) reorganize the existing standards in the regulations.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. One of the proposed changes will remove the current exemption allowing plats prepared prior to 1986 that are not original or a first generation copy to be recorded as a reference in circuit court land records even if they meet certain criteria. This change applies only to the plats that have not been already recorded. For example, if an individual finds a plat prepared prior to 1986 that has not been recorded, and the plat does not meet the standards in the proposed regulation, then he or she will not be able to record it. Individuals who wish to record such plats may have to incur costs to resurvey the subject property. However, the Library of Virginia estimates that the number of plats that may be required to be resurveyed is very small. On the other hand, this change is expected to ensure the quality of plats that can be recorded meets minimum standards which in turn would help improve the accuracy of land records.

All of the remaining changes reorganize the existing standards and are expected to improve the clarity of the existing requirements.

Businesses and Entities Affected. The entities that may be affected are 120 circuit court clerks, property owners, land surveyors, title companies, and real estate attorneys.

Localities Particularly Affected. The regulations apply to all localities in the Commonwealth.

Projected Impact on Employment. The proposed amendments are unlikely to significantly affect employment.

Effects on the Use and Value of Private Property. The proposed amendments are unlikely to significantly affect the use and value of private property.

Small Businesses: Costs and Other Effects. The proposed amendments are unlikely to significantly affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments are unlikely to adversely affect small businesses.

Real Estate Development Costs. The proposed amendments are unlikely to affect real estate development costs.

Legal Mandate.

General: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order Number 14 (2010). Section 2.2-4007.04 requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the report should include but not be limited to:

• the projected number of businesses or other entities to whom the proposed regulation would apply,

• the identity of any localities and types of businesses or other entities particularly affected,

• the projected number of persons and employment positions to be affected,

• the projected costs to affected businesses or entities to implement or comply with the regulation, and

• the impact on the use and value of private property.

Small Businesses: If the proposed regulation will have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include:

• an identification and estimate of the number of small businesses subject to the proposed regulation,

• the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents,

• a statement of the probable effect of the proposed regulation on affected small businesses, and

• a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation.

Additionally, pursuant to § 2.2-4007.1, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules (JCAR) is notified at the time the proposed regulation is submitted to the Virginia Register of Regulations for publication. This analysis shall represent DPB's best estimate for the purposes of public review and comment on the proposed regulation.

Agency's Response to Economic Impact Analysis: The agency concurs with the economic impact analysis of the Department of Planning and Budget.

Summary:

The proposed amendments combine the standards for paper, inscription, and format for plats, written instruments, and other drawings submitted for permanent retention by circuit courts currently spread over three regulations (17VAC15-60, 17VAC15-70, and 17VAC15-80) into a single regulation (17VAC15-61) to simplify and better organize the requirements and to omit obsolete sections.

CHAPTER 61
STANDARDS FOR PERMANENT INSTRUMENTS RECORDED BY HARD COPY

17VAC15-61-10. Statement of applicability; definitions.

These standards shall apply to all written instruments, plats, and other drawings submitted, recorded, or filed for permanent retention in the circuit courts of the Commonwealth.

The following words and terms, when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Written instrument" means a writing required by law to be recorded and retained permanently in the clerk's office of the circuit courts of the Commonwealth, excluding wills as set forth in 17VAC15-61-60.

"Plat" means a drawing that shows one or more geometric relationships expressed by a bearing and a distance.

"Other drawing" means any drawing that does not show a geometric relationship expressed by a bearing and a distance.

17VAC15-61-20. Permanent recording and filing medium.

A. Written instruments.

1. Documents submitted, recorded, or filed on paper shall be on paper that is:

a. Acid free,

b. Uniformly white,

c. Opaque,

d. Smooth in finish,

e. Unglazed, and

f. Free of visible watermarks and background logos.

2. Paper size shall be:

a. No smaller than 8-1/2 x 11 inches, and

b. No larger than 8-1/2 x 14 inches.

3. Required minimum paper weight is 20 pounds.

4. Negative (white on black background) copies and carbon copies are not acceptable.

B. Plats and other drawings.

1. Plats and other drawings shall be inscribed on either translucent or opaque paper, polyester, or linen.

2. The background quality for opaque paper shall be:

a. Uniformly white,

b. Smooth in finish,

c. Unglazed, and

d. Free of visible watermarks or background logos.

3. The size for plats and other drawings shall be:

a. No smaller than 8-1/2 x 11 inches, and

b. No larger than 18 x 24 inches.

4. Only the original or first generation unreduced black-line or blue-line copy of the original plat or other drawing that meets the standards provided in this section, 17VAC15-61-30 B, and 17VAC15-61-40 B and has the original wet or electronically printed stamp and the original signature of the preparer shall be accepted for recordation.

17VAC15-61-30. Inscription quality.

A. Written instruments.

1. All inscriptions shall be:

a. Black;

b. Solid, where "solid" means the lines forming each letter do not have blank or light spots;

c. Dense, where "dense" means each letter or line is dark;

d. Uniform, where "uniform" means the entire letter or line is the same darkness;

e. Sharp, where "sharp" means the demarcation between each letter or line and the background is abrupt; and

f. Unglazed, where "unglazed" means inscriptions are nonreflective.

2. All signatures shall be original and in dark blue or black ink.

3. Printing size shall be the equivalent of nine-point or larger.

4. Typing shall be elite (12 characters per inch) or pica (10 characters per inch) or larger.

5. The font shall be the equivalent of a normal Arial or Courier.

B. Plats and other drawings.

1. Inscriptions shall be in ink or electrostatic process that produces a permanent image.

2. Color of original inscription shall be black or dark blue.

3. All inscriptions shall be:

a. Solid, where "solid" means the lines forming each letter do not have blank or light spots;

b. Dense, where "dense" means each letter or line is dark;

c. Uniform, where "uniform" means the entire letter or line is the same darkness;

d. Sharp, where "sharp" means the demarcation between each letter or line and the background is abrupt; and

e. Unglazed, where "unglazed" means inscriptions are nonreflective.

4. Lettering shall be no smaller than .09 inch (2.29 millimeters).

5. All signatures shall be:

a. Original, and

b. In dark blue or black ink.

6. No ghost lines shall be used.

7. All shading and screening shall be eliminated over written data.

17VAC15-61-40. Format.

A. Written instruments.

1. The top margin shall be no smaller than 1-1/4 inch.

2. The bottom, left, and right margins shall be no smaller than 3/4 inch.

3. All instruments shall be single sided.

B. Plats and other drawings.

1. Margins shall be no smaller than 1/4 inch on all edges.

2. All plats shall be single sided.

3. All pages of a multi-sheet plat shall be the same size.

17VAC15-61-50. Clerk's recording inscription.

Recordation inscriptions shall be by the circuit court clerk's printed certificate, stamping, typing, or handwriting and shall conform to the standards provided in 17VAC15-61-20, 17VAC15-61-30, and 17VAC15-61-40 that are applicable to the submitted instrument.

17VAC15-61-60. Exclusions.

The standards provided in 17VAC15-61-20, 17VAC15-61-30, and 17VAC15-61-40 do not apply to wills.

VA.R. Doc. No. R13-3761; Filed September 17, 2014, 11:39 a.m.