RulesofCivilProcedure.com Civil Procedure · Every State

§ 8.01-178.1.Waste; who is liable.

Chapter 3. Actions · Article 15.1. Waste · Last amended 2019 · Last verified July 16, 2026

In one sentenceSection 8.01-178.1 makes a tenant or seller of land who commits waste while in possession liable for damages, extends that liability between cotenants who commit waste against each other, and holds a guardian or conservator liable to the ward for waste of the ward’s estate once the guardianship or conservatorship ends.

Full Text of § 8.01-178.1

Text sizeJump to: (A) (B) (C)

A. Any tenant of land or any person who has aliened land who commits any waste while he is in possession of such land, unless he has special license to do so, shall be liable for damages.
B. Any tenant in common, joint tenant, or parcener who commits waste, shall be liable to his cotenants, jointly or severally, for damages.
C. Any guardian or conservator who commits waste of the estate of his ward shall be liable to the ward, at the expiration of his guardianship or conservatorship, for damages.

Plain-English Summary

Section 8.01-178.1 identifies who answers in damages for waste — physical harm or the depletion of value a person in possession does to land that belongs, in whole or part, to someone else. Subsection A reaches the most familiar case: a tenant of land, or a person who has aliened, or transferred, land, who commits waste while in possession, without special license to do so, is liable for damages. The absence of a license matters — someone given permission to do what would otherwise be waste is not liable under this subsection.

Subsection B addresses waste between co-owners. A tenant in common, a joint tenant, or a parcener who commits waste is liable to the cotenants, and that liability can be enforced jointly or severally — the injured cotenants are not required to sue together, nor is a wasting cotenant shielded merely because more than one other owner shares the loss.

Subsection C covers a different relationship entirely: a guardian or conservator managing a ward’s estate. If the guardian or conservator commits waste of that estate, the statute fixes liability to the ward as running from the expiration of the guardianship or conservatorship, when the ward, or the ward’s estate, is positioned to pursue it.

Frequently Asked Questions

Who is liable for waste under Section 8.01-178.1(A)?

A tenant of land, or someone who has aliened land, who commits waste while in possession without special license.

What does having a “special license” to commit waste mean here?

Permission that removes the liability that would otherwise attach to conduct that would count as waste.

How does liability work between co-owners who commit waste under subsection B?

A tenant in common, joint tenant, or parcener who commits waste is liable to the other cotenants, jointly or severally.

Who can a guardian or conservator be liable to for wasting a ward’s estate?

The ward, with liability running from the expiration of the guardianship or conservatorship.

Does subsection A require the person to still hold the land to be liable?

No, it covers both a tenant still in possession and a person who has aliened land after committing waste.

Amendment History

Code 1919, §§ 5506 through 5508; Code 1950, §§ 55-211 through 55-213; 1997, c. 801; 2019, c. 712.

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 waste liability tenant statutewho is liable for waste of land virginiacotenant joint tenant waste damages virginiaguardian conservator waste of ward estate8.01-178.1 waste liability