In a proceeding under this article, no claim of the plaintiff for rents, profits or damages shall be considered.
§ 8.01-182.Claims to rents, etc., not considered.
Chapter 3. Actions · Article 16. Establishing Boundaries to Land · Last amended 1977 · Last verified July 16, 2026
In one sentenceA boundary-line proceeding under this article is limited to fixing the line itself — the court will not consider any claim by the plaintiff for rents, profits, or damages in that same proceeding.
Full Text of § 8.01-182
Plain-English Summary
Section 8.01-182 keeps a boundary-line proceeding narrowly focused on its purpose. Even though a dispute over where a line runs often overlaps with disputes over who used the land, and what that use was worth, the statute closes off that second front. No claim by the plaintiff for rents, profits, or damages will be considered in a proceeding under this article.
The effect is to separate the question of where the line is from the question of what one party owes the other for having crossed it, or used land on the wrong side of it. A landowner who wants both the line fixed and compensation for a neighbor’s encroachment needs a different proceeding, or a separate claim, to reach the money side of the dispute.
Frequently Asked Questions
Can a plaintiff recover rents or profits in a boundary-line action under this article?
No, such claims are not considered in this proceeding.
Can a plaintiff recover damages in a boundary-line action?
No, Section 8.01-182 excludes damages claims from this proceeding as well.
Why does this article exclude money claims from the boundary proceeding?
To keep the proceeding focused on ascertaining and designating the true boundary line, rather than adjudicating compensation.
If a neighbor’s encroachment caused financial harm, can that be pursued elsewhere?
Section 8.01-182 bars considering such claims within the boundary proceeding itself; it does not address other separate proceedings a landowner might bring.
Does this limitation apply to the defendant’s claims as well as the plaintiff’s?
The text specifically addresses a “claim of the plaintiff,” so it is framed around the party who initiated the boundary action.
Amendment History
Code 1950, § 8-839; 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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