If the right or title of a plaintiff in ejectment expire after the commencement of the suit, but before trial, the verdict shall be according to the fact, and judgment shall be entered for his damages sustained from the withholding of the premises by the defendant, and as to the premises claimed, the judgment shall be for the defendant.
§ 8.01-154.When right of plaintiff expires before trial, what judgment entered.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-154 provides that if a plaintiff’s right or title in ejectment expires after suit is filed but before trial, the verdict follows that fact, awarding damages for the withholding of the premises while the judgment on the premises themselves goes to the defendant.
Full Text of § 8.01-154
Plain-English Summary
Section 8.01-154 covers a timing problem particular to estates with a built-in expiration, such as a life estate or a term of years. If the plaintiff’s right or title expires after the ejectment action is filed but before trial takes place, the case cannot proceed as though nothing changed.
Instead, the verdict follows the actual fact of the expiration. The plaintiff still recovers a judgment for damages sustained from the defendant’s withholding of the premises during the time the plaintiff’s right existed. But as to the premises themselves — that is, the current right to possession — judgment is entered for the defendant, since the plaintiff’s title no longer supports continuing possession.
Frequently Asked Questions
What happens if the plaintiff’s title expires while the ejectment case is pending?
If it expires after the suit is filed but before trial, Section 8.01-154 requires the verdict to follow that fact — the plaintiff still recovers damages for the period the premises were wrongfully withheld, but judgment on the premises themselves goes to the defendant.
Can the plaintiff still recover money damages even though the right to the property has expired?
Yes. The statute specifically preserves judgment for the plaintiff’s damages sustained from the defendant’s withholding of the premises, separate from the question of who now holds the right to possession.
Why would judgment on the premises go to the defendant if the plaintiff was wronged?
Because by the time of trial the plaintiff’s right or title has expired, there is no longer a live right to possession for the court to award the plaintiff — the wrong that occurred earlier is compensated through damages instead.
What kinds of estates are most likely to trigger this section?
Estates with a built-in end point, such as a life estate that ends when the measuring life ends, or a term of years that expires on a fixed date, are the kinds of interests that can run out during litigation and trigger this section.
How does this section connect to the requirement that the verdict specify the plaintiff’s estate?
Section 8.01-153 requires the verdict to specify whether the plaintiff’s estate is a fee, a life estate, or a term of years; that specification is what makes it possible to determine, under Section 8.01-154, whether the plaintiff’s right has in fact expired before trial.
Amendment History
Code 1950, § 8-824; 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: expired title before trial ejectment virginialife estate ends during lawsuit virginiaterm of years expires ejectment virginiadamages after title expires virginia