§ 8.01-140.Effect of reservation in deed; burden of proof.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-140 says a deed or patent reservation is disregarded unless a party claims the disputed land falls within it, in which case that party bears the burden of proving the reservation covers it by a preponderance of the evidence.
Full Text of § 8.01-140
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In any action, suit or other judicial proceeding involving the title to land embraced in the exterior boundaries of any patent, deed or other writing, which reserves one or more parcels of land from the operation of such patent, deed or other writing, if there be no claim made by a party to the proceedings that the land in controversy, or any part thereof, lies within such reservation, such patent, deed or other writing shall be construed, and shall have the same effect, as if it contained no such reservation; and if any party to such proceeding claims that the land in controversy, or any part thereof, lies within such reservation, the burden shall be upon him to prove the fact, and all land not shown by a preponderance of the evidence to lie within such reservation shall be deemed to lie without the same.
This section shall apply in cases involving the right to the proceeds of any such land when condemned or sold, as well as in cases where the title to land is directly involved, and shall apply in any case in which the title to any part of the land, or its proceeds, but for this section, would or might be in this Commonwealth.
Plain-English Summary
Section 8.01-140 addresses disputes over land within the exterior boundaries of a patent, deed, or other writing that carves out one or more parcels by reservation. If no party to the proceeding claims that the land in controversy — or any part of it — falls inside that reservation, the instrument is read and given effect as though the reservation were never written.
If a party does make that claim, the burden shifts to that party to prove it. Any land not shown by a preponderance of the evidence to fall within the reservation is treated as lying outside it. The statute extends the same rule to disputes over proceeds from land that has been condemned or sold, and to any case where, but for this section, title to the land or its proceeds would or might belong to the Commonwealth.
Frequently Asked Questions
What happens to a reservation in a deed if no one claims the disputed land is inside it?
The deed, patent, or other writing is construed and given effect as if it contained no such reservation at all.
Who has to prove that land falls within a reservation?
Whichever party claims that the land in controversy, or part of it, lies within the reservation bears the burden of proving that fact.
What standard of proof applies to a reservation claim under this section?
A preponderance of the evidence. Land not shown by that standard to lie within the reservation is treated as lying outside it.
Does this section apply only to disputes over the land itself?
No. It also applies to disputes over the proceeds of such land when it has been condemned or sold, and to any case in which title to the land or its proceeds would otherwise fall to the Commonwealth.
Why would title otherwise fall to the Commonwealth without this section?
Reservation language in old patents and deeds can leave gaps in the chain of title. Section 8.01-140 fills those gaps by treating unclaimed reservations as if they never existed, preventing land from defaulting to the Commonwealth on a technicality no party asserts.
Amendment History
Code 1950, § 8-810; 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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