Any ended cause may be reinstated for the purpose of entering a decree directing a deed to be made to any party clearly shown by the record to be entitled thereto, or for the purpose of substituting a new commissioner to make a deed in the place of one previously appointed for that purpose, but who has died or become incapacitated to act before making such deed.
§ 8.01-112.Reinstatement of cause to appoint special commissioner to make deed.
Chapter 3. Actions · Article 11. General Provisions for Judicial Sales · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-112 allows a closed Virginia case to be reinstated so the court can decree a deed to whoever the record clearly shows is entitled to it, or to substitute a new commissioner for one who died or became incapacitated before completing the deed.
Full Text of § 8.01-112
Plain-English Summary
Section 8.01-112 keeps a finished case from becoming a permanent obstacle when a deed never got made. Any ended cause may be reinstated for the purpose of entering a decree directing a deed to be made to a party the record clearly shows is entitled to it — even though the case had already concluded.
The section also covers a more specific gap: a commissioner appointed to make a deed who dies or becomes incapacitated before finishing the job. Reinstatement lets the court substitute a new commissioner in that person’s place, so the deed the case called for gets executed rather than languishing because the original commissioner is no longer able to act.
Frequently Asked Questions
Can a closed Virginia lawsuit be reopened just to get a deed executed?
Yes. Section 8.01-112 allows reinstatement of an ended cause for the purpose of entering a decree directing a deed to the party clearly entitled to it under the record.
What if the commissioner who was supposed to make the deed has died?
The case may be reinstated to substitute a new commissioner in place of one who died or became incapacitated before making the deed.
Does the person seeking the deed have to prove entitlement all over again?
The section requires that the record clearly show the party is entitled to the deed, so reinstatement is meant for cases where entitlement is already established, not for relitigating the merits.
How long after a case ends can it be reinstated for this purpose?
The section does not set a specific deadline; it applies to “any ended cause” where a deed remains outstanding.
Is this section limited to judicial sales?
No. It applies whenever a deed needs to be made under a prior decree and either was never made or the commissioner appointed to make it can no longer act.
Amendment History
Code 1950, § 8-672; 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
Also known as: reinstate case to make deed virginia8.01-112 virginia codesubstitute commissioner deed virginiareopen closed case deed virginia