A court in a suit wherein it is proper to decree the execution of any deed or writing may appoint a special commissioner to execute the same on behalf of any party in interest and such instrument shall be as valid as if executed by the party on whose behalf it is so executed.
§ 8.01-110.Appointment of special commissioner to execute deed, etc.; effect of deed.
Chapter 3. Actions · Article 11. General Provisions for Judicial Sales · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-110 authorizes a Virginia court, in a suit where decreeing execution of a deed or writing is proper, to appoint a special commissioner to sign that instrument on behalf of a party in interest, giving it the same validity as if the party had signed it.
Full Text of § 8.01-110
Plain-English Summary
Section 8.01-110 solves a practical problem: what happens when a court orders a deed or writing executed, but the party who should sign will not, or cannot? In a suit where it is proper to decree execution of a deed or writing, the court may appoint a special commissioner to execute that instrument on behalf of the party in interest.
Once the commissioner signs in that capacity, the instrument carries the same legal force as if the party had executed it personally. A buyer or grantee taking a deed from a court-appointed commissioner gets the same title as if the recalcitrant or absent party had signed the deed with the party’s own hand.
Frequently Asked Questions
Can a Virginia court force a deed to be executed if the owner refuses to sign?
Yes. Under Section 8.01-110, when it is proper to decree execution of a deed or writing, the court may appoint a special commissioner to sign it on the party’s behalf.
Is a deed signed by a court-appointed commissioner as valid as one signed by the actual owner?
Yes, the section makes the instrument as valid as if the party on whose behalf it was executed had signed it personally.
What kinds of instruments does this section cover?
Any deed or writing that a court can properly decree to be executed in the suit before it.
What should the commissioner’s deed say about who it is executed for?
Section 8.01-111 requires the deed to specifically set out the name of the person on whose behalf it is executed.
Does this power exist only in sale cases, or more broadly?
It applies in any suit where decreeing execution of a deed or writing is proper, which includes judicial sales but is not limited to them.
Amendment History
Code 1950, § 8-670; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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