On the motion of either party, the court may order the assessment of such damages and allowance to be postponed until after the verdict on the title is recorded.
§ 8.01-162.Postponement of assessment and allowance.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-162 allows the court, on motion of either party, to postpone the assessment of damages and the allowance for improvements until after the verdict on title has been recorded.
Full Text of § 8.01-162
Plain-English Summary
Section 8.01-162 gives the court discretion over the timing of the damages and improvements phase of an ejectment case. Rather than requiring the jury or court to work through profits, damages, and improvement allowances at the same time it resolves the title question, the statute allows those two stages to be separated.
On the motion of either party, the court may order the assessment of damages and the improvement allowance postponed until after the verdict on title itself has been recorded. This lets the parties and the court focus first on the threshold question of who is entitled to the property before turning to the financial consequences.
Frequently Asked Questions
Can the assessment of damages happen after the trial on title rather than at the same time?
Yes. Section 8.01-162 allows the court, on either party’s motion, to postpone the assessment of damages and improvement allowance until after the verdict on title is recorded.
Who can ask the court to postpone the damages assessment?
Either party may make the motion; the statute does not limit the request to the plaintiff or the defendant alone.
Is postponing the damages assessment automatic once a party asks?
The statute frames it as something the court “may order,” indicating the court retains discretion over whether to grant the postponement.
Why would a party want the damages assessment delayed?
Separating the title question from the financial questions can simplify the proceedings, letting the parties resolve who owns the property before investing effort in valuing mesne profits, waste, or improvements that might turn out to be unnecessary depending on the title outcome.
What does “the verdict on title is recorded” refer to?
It refers to the jury’s verdict resolving the underlying question of the plaintiff’s right to the premises, as distinct from the separate assessment of damages and improvements addressed in Sections 8.01-158 through 8.01-161.
Amendment History
Code 1950, § 8-831; 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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