Whether the defendant shall or shall not make or attempt a defense under §§ 8.01-146 and 8.01-147, he shall not be precluded from resorting to equity for any relief to which he would have been entitled if such sections had not been enacted.
§ 8.01-148.Right of defendant to resort to equity not affected.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-148 makes clear that a defendant’s choice to raise, or not raise, the equitable defenses available under Sections 8.01-146 and 8.01-147 at law does not prevent that defendant from separately pursuing whatever relief equity would otherwise provide.
Full Text of § 8.01-148
Plain-English Summary
Section 8.01-148 protects a defendant’s access to equity regardless of what happens in the ejectment action at law. Sections 8.01-146 and 8.01-147 let a defendant raise certain equitable defenses directly within the ejectment case — as a vendee who has substantially paid for land, or as a mortgagor or grantor who has satisfied a secured obligation.
This section confirms that using, or declining to use, that option at law carries no penalty. Whether the defendant raises the defense in the ejectment action, attempts it unsuccessfully, or skips it altogether, the defendant remains free to resort to equity for any relief that would have been available if Sections 8.01-146 and 8.01-147 had never been enacted.
Frequently Asked Questions
Does raising the equitable defense in an ejectment action give up the right to go to equity?
No. Section 8.01-148 says a defendant is not precluded from resorting to equity for relief, whether or not the defendant made or attempted the defense under Sections 8.01-146 or 8.01-147 in the ejectment action.
What if a defendant never raises the Section 8.01-146 or 8.01-147 defense at all?
The defendant still keeps the right to seek relief in equity, since Section 8.01-148 preserves that right regardless of whether the defense was attempted at law.
What relief does this section preserve for the defendant?
Any relief to which the defendant would have been entitled if Sections 8.01-146 and 8.01-147 had never been enacted — the full scope of the underlying equitable remedy.
Why would the legislature preserve an equity option alongside the legal defenses in Sections 8.01-146 and 8.01-147?
Those sections let certain equitable defenses be raised within an action at law for convenience, but equity may offer relief broader than what the ejectment action alone can provide, so Section 8.01-148 keeps that separate avenue open.
Does this section create a new right, or does it just preserve an existing one?
It preserves an existing right. The statute does not grant new relief; it confirms that Sections 8.01-146 and 8.01-147 do not cut off whatever equitable relief already existed.
Amendment History
Code 1950, § 8-818; 1954, c. 333; 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: equity defense preserved ejectment virginiadefendant resort to equity virginiavendee mortgagor equitable relief virginiasection 8.01-148 virginia ejectment