What is the “lost document rule”?

The “lost document rule” in Virginia property law is a legal principle that allows a buyer of property to recover their lost documents, such as deeds, titles, or mortgage contracts, if they can prove ownership in court. This rule is essential for anyone who has purchased or sold real estate without a recorded deed or title, or if a document has been lost or stolen. To prove ownership, the claimant must provide evidence that they purchased the property, that they owned the property at the time they lost the document, and that they continued to possess the property without interruption. This evidence may include witness testimony, copies of cancelled checks, photographs, and any other documents pertaining to the sale or ownership of the property. Once ownership is established, the court will issue an order to restore the lost document and the claimant will be able to take legal action regarding the property. The “lost document rule” is an important protection for buyers and sellers of real estate in Virginia, as it provides a way to recover documents that are essential for ownership or sale of property.

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What is the “lost document rule”?

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