§ 8.01-176.How payment of such value to be made by defendant; when land sold therefor.
Chapter 3. Actions · Article 15. Improvements · Last amended 1977 · Last verified July 16, 2026
In one sentenceOnce a plaintiff elects to relinquish the estate under Section 8.01-175, the defendant’s payments go to the plaintiff or into court, the land stands bound for that debt, and if the defendant defaults the court may order the land sold — though the defendant is never liable for any shortfall.
Full Text of § 8.01-176
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The payments shall be made to the plaintiff, or into court for his use, and the land shall be bound therefor, and if the defendant fail to make such payments within or at the times limited therefor respectively, the court may order the land to be sold and the proceeds applied to the payment of such value and interest, and the surplus, if any, to be paid
to the defendant; but if the net proceeds be insufficient to satisfy such value and interest, the defendant shall not be bound for the deficiency.
Plain-English Summary
Section 8.01-176 spells out the mechanics once a plaintiff has elected to relinquish an estate under Section 8.01-175. The defendant’s payments for the ascertained value go to the plaintiff directly, or into court for the plaintiff’s benefit, and the land itself stands bound for that obligation, much like the lien Section 8.01-172 creates for a defendant’s improvement balance.
If the defendant fails to pay within the time the court sets, the remedy is judicial sale: the court may order the land sold and apply the proceeds to the value owed, plus interest. Any surplus after that goes to the defendant, since the defendant is the one who was buying the land.
The section also protects the defendant from an unfavorable sale. If the land sells for less than enough to cover the value and interest owed, the defendant is not on the hook for the difference — the shortfall does not become a personal debt the defendant must otherwise satisfy.
Frequently Asked Questions
Where do the defendant’s payments go once the plaintiff relinquishes the estate?
To the plaintiff, or into court for the plaintiff’s use.
What secures the defendant’s payment obligation?
The land itself, which stands bound for the payment.
What happens if the defendant misses the payment deadline?
The court may order the land sold and the proceeds applied to the value and interest owed.
Who gets any surplus from a court-ordered sale?
The defendant, since the sale proceeds pay the plaintiff first.
Is the defendant personally liable if the sale proceeds fall short?
No, Section 8.01-176 states the defendant is not bound for the deficiency.
Amendment History
Code 1950, § 8-854; 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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