If the jury shall be satisfied that the defendant, or those under whom he claims, made on the premises, at a time when there was reason to believe the title good under which he or they were holding the same, permanent and valuable improvements, they shall determine the value of such improvements as were so made before receipt by the person making the same of notice in writing of the title under which the plaintiff claims, not exceeding the amount actually expended in making them, and not exceeding the amount to which the value of the premises is actually increased thereby at the time of such determination.
§ 8.01-169.How value of improvements determined in favor of defendant.
Chapter 3. Actions · Article 15. Improvements · Last amended 1977 · Last verified July 16, 2026
In one sentenceWhen the jury finds that a defendant improved land while reasonably believing the title good, it values only the improvements made before the defendant received written notice of the plaintiff’s claim, capped at both what was spent and how much the improvements increased the property’s value.
Full Text of § 8.01-169
Plain-English Summary
Section 8.01-169 sets the rule for valuing a defendant’s improvements once the jury is satisfied the improvements were made at a time the defendant, or those the defendant claims through, had reason to believe the title was good. That good-faith timing matters: improvements made after the defendant already knew the title was in doubt do not count.
The cutoff for counting improvements is notice — specifically, written notice of the title under which the plaintiff claims. Anything built or added before the defendant received that written notice can be valued; anything added afterward cannot, because at that point the defendant was on notice of the risk.
The jury’s valuation is bounded on both sides. It cannot exceed what the defendant spent making the improvements, and separately it cannot exceed how much those improvements increased the value of the premises, measured as of the time of the jury’s determination. Whichever of those two figures is lower sets the ceiling on the allowance.
Frequently Asked Questions
What improvements qualify for a value determination under Section 8.01-169?
Those made while the defendant, or someone the defendant claims through, had reason to believe the title was good, and before the defendant received written notice of the plaintiff’s title.
What form of notice cuts off the improvement allowance?
Written notice of the title under which the plaintiff claims.
Is there a cap on how much the jury can award for improvements?
Yes, two caps apply: the amount spent making the improvements, and the amount by which the improvements increased the value of the premises.
When is the increase in value measured?
At the time of the jury’s determination, not when the improvements were made.
Do improvements made after the defendant learns of a title problem count?
No. Only improvements made before receipt of written notice of the plaintiff’s title are valued under this section.
Amendment History
Code 1950, § 8-845; 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: virginia betterment act improvement valuationgood faith improvements land value virginia8.01-169 value of improvementswritten notice of title cutoff virginiaoccupying claimant improvements damages cap