Any such balance due to the defendant shall constitute a lien upon the land recovered by the plaintiff, until the same shall be paid.
§ 8.01-172.Balance for defendant a lien on the land.
Chapter 3. Actions · Article 15. Improvements · Last amended 1977 · Last verified July 16, 2026
In one sentenceAny balance a jury awards the defendant after offsetting damages against improvements becomes a lien on the land the plaintiff recovered, securing payment until it is satisfied.
Full Text of § 8.01-172
Plain-English Summary
Section 8.01-172 gives teeth to a verdict in the defendant’s favor. When the balance under Section 8.01-171 comes out owed to the defendant, that amount does not sit as an unsecured debt collectible however the plaintiff sees fit to arrange. Instead, it attaches directly to the land the plaintiff just recovered, as a lien.
The lien remains on the land until the balance is paid in full. Practically, that means the plaintiff who wins back the property still cannot deal with it free and clear until the defendant’s improvement balance is satisfied, giving the defendant a real security interest rather than a bare money judgment.
Frequently Asked Questions
What happens to a balance awarded to the defendant under Section 8.01-171?
Section 8.01-172 makes it a lien on the land recovered by the plaintiff.
How long does the lien last?
Until the balance is paid.
Does the lien attach to property other than the land at issue?
No, it attaches specifically to the land recovered by the plaintiff.
Why does the defendant get a lien instead of an ordinary judgment?
To secure payment for improvements that increased the land’s value, since the property itself embodies that added value.
Can the plaintiff freely sell or encumber the land while the lien is outstanding?
Not free of the defendant’s lien, since it remains attached until paid.
Amendment History
Code 1950, § 8-848; 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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