How do I record a lease?

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How do I record a lease?

Our organization is planning to lease a building and would like to make sure we will be able to keep the same lease, even if it changes ownership. We were told to “record the lease”. Do we just take the lease to the courthouse and ask them to record it?

Asked on October 14, 2011 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Custom and practice with respect to memorializing a lease of record recorded upon a given piece of property is not to record the signed lease. Rather, a document needs to be created entitled "memorialization of lease" with the basic reference to the signed lease as to its date and term signed by the landlord before a notary public with reference to the assessor parcel number and common address of the property being leased stated on the document.

This "memorialization of lease" is then recorded on the property being leased with the county recorder's office where the parcel is located. By doing so, this gives notice to any subsequent lien holders of the priority of this lease. Make sure you keep a copy of the recorded document for future reference.


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