The verdict shall also specify the estate found in the plaintiff, whether it be in fee or for life, stating for whose life, or whether it be a term of years, and specifying the duration of such term.
§ 8.01-153.Verdict to specify estate of plaintiff.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-153 requires the verdict to specify the estate found in the plaintiff, stating whether it is a fee, a life estate and whose life measures it, or a term of years and how long that term runs.
Full Text of § 8.01-153
Plain-English Summary
Section 8.01-153 adds a final layer of specificity to the ejectment verdict, focused on the nature of the plaintiff’s estate rather than the physical extent of the premises. The verdict must state the estate the jury finds the plaintiff to hold.
If that estate is a fee, the verdict says so. If it is a life estate, the verdict must state whose life it is measured by — the plaintiff’s own or another person’s. And if it is a term of years, the verdict must specify how long that term lasts. This mirrors the same detail Section 8.01-137 requires the plaintiff to plead at the outset of the case.
Frequently Asked Questions
What kinds of estates must the verdict distinguish between?
A fee, a life estate, or a term of years. Section 8.01-153 requires the verdict to specify which one the plaintiff was found to hold.
If the plaintiff has a life estate, does the verdict have to say whose life it is?
Yes. The verdict must state for whose life the estate is held.
What if the plaintiff’s estate is a term of years?
The verdict must specify the duration of that term.
How does this requirement relate to what the plaintiff pleads at the start of the case?
Section 8.01-137 requires the plaintiff to state whether the claim is in fee, for life, or for years in the motion for judgment; Section 8.01-153 requires the verdict to make the same kind of finding once the case is decided.
Why does the verdict need to specify the type of estate at all?
Because the estate found determines the scope of the judgment and how long the plaintiff’s right to possession lasts, particularly relevant for the rule in Section 8.01-154 addressing what happens if a plaintiff’s right expires before trial.
Amendment History
Code 1950, § 8-823; 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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