Notwithstanding the provisions of subsection A of § 8.01-229, no disabilities or tacking of disabilities shall preserve to any person or his successors a right to make entry on or bring an action to recover land for more than twenty-five years after such right first accrued, although such person or persons shall have been disabled during the whole of such twenty-five years.
§ 8.01-237.Effect of disabilities upon right of entry on, or action for, land.
Chapter 4. Limitations of Actions · Article 2. Limitations on Recovery of Realty and Enforcement of Certain Liens Relating · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-237 caps how far disabilities like infancy or incapacity can extend the time to enter on or recover land, barring any such action more than twenty-five years after the right first accrued even if the person was disabled the whole time.
Full Text of § 8.01-237
Plain-English Summary
Section 8.01-229(A) normally lets a disability — infancy or incapacity — pause the limitations clock until the disability ends. Section 8.01-237 draws a hard outer boundary on that protection specifically for land claims. No matter how many disabilities apply, and no matter how they tack together, they cannot preserve a right to enter on or recover land for more than twenty-five years after that right first accrued.
The twenty-five-year cap applies even to someone disabled for the entire period. The section says so explicitly: it applies “although such person or persons shall have been disabled during the whole of such twenty-five years.” That is a deliberate override of the general disability-tolling rule, reflecting a policy judgment that land titles need to settle eventually, even at the cost of barring a claim by someone who truly could not have acted sooner.
Frequently Asked Questions
Can infancy or incapacity extend the deadline to recover land indefinitely in Virginia?
No. Section 8.01-237 caps that extension at twenty-five years after the right first accrued, regardless of how long the disability or disabilities last.
Does the twenty-five-year cap apply even if the person was disabled for the entire period?
Yes. The section states the cap applies even where the person has been disabled during the whole twenty-five years.
What kind of disabilities does this section address?
It refers to the disabilities addressed in subsection A of § 8.01-229, and to the tacking of multiple disabilities together.
Does this twenty-five-year rule apply to personal injury claims generally, or just to land?
Just to the right to make entry on or bring an action to recover land; the section is limited to that context.
How does this section relate to the fifteen-year period in § 8.01-236?
Section 8.01-236 sets the general fifteen-year period to recover land; Section 8.01-237 caps how much further disabilities can push that deadline out, at twenty-five years from accrual.
Amendment History
Code 1950, §§ 8-7, 8-8; 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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