If the plaintiff claim only an estate for life in the land recovered, and pay any sum allowed to the defendant for improvements, he, or his personal representative at the determination of his estate, may recover from the remainderman or reversioner, the value of such improvements as they then exist, not exceeding the amount so paid by him, and shall have a lien therefor on the premises, in like manner as if they had been mortgaged for the payment thereof, and may keep possession of such premises until the same be paid.
§ 8.01-173.How tenant for life, paying for improvements, reimbursed.
Chapter 3. Actions · Article 15. Improvements · Last amended 1977 · Last verified July 16, 2026
In one sentenceWhen a plaintiff who holds only a life estate pays the sum awarded to a defendant for improvements, the plaintiff or a personal representative may later recover that payment from the remainderman or reversioner, secured by a lien and a right to retain possession until paid.
Full Text of § 8.01-173
Plain-English Summary
Section 8.01-173 handles a wrinkle that arises when the plaintiff who recovers the land does not own it outright. If the plaintiff’s interest is only a life estate, and the plaintiff pays the defendant the sum awarded for improvements, that payment benefits people who have not yet come into their interest — the remainderman or reversioner who will take the property once the life estate ends.
Section 8.01-173 lets the life tenant, or the life tenant’s personal representative once the life estate ends, recover from the remainderman or reversioner the value of the improvements as they exist at that later time, up to the amount the life tenant paid. That value is measured when the life estate terminates, not when the original payment was made, so the reimbursement tracks what the improvements are still worth to the person who ultimately benefits from them.
To secure that reimbursement, the section gives the life tenant’s estate a lien on the premises, treated the same as if the property had been mortgaged for the debt, and allows the life tenant — or the representative — to keep possession of the land until the reimbursement is paid.
Frequently Asked Questions
Who does Section 8.01-173 protect?
A plaintiff holding only a life estate who pays a defendant’s allowance for improvements.
From whom can the life tenant recover reimbursement?
The remainderman or reversioner who takes the property once the life estate ends.
When is the value of the improvements measured for reimbursement purposes?
At the determination, or end, of the life estate — not when the payment was originally made.
Is the reimbursement right secured?
Yes, by a lien on the premises treated the same as a mortgage.
Can the life tenant’s estate keep possession of the land pending reimbursement?
Yes, until the reimbursement is paid.
Amendment History
Code 1950, § 8-849; 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 life tenant reimbursement improvementsremainderman reversioner pay improvements virginia8.01-173 lien on premises life estatelife estate improvement lien virginia codelife tenant possession until paid