A bill in equity to repeal, in whole or in part, any grant of land by the Commonwealth, shall be brought within ten years next after the date of such grant.
§ 8.01-238.To repeal grant.
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 8.01-238 requires that a bill in equity to repeal, in whole or in part, a Commonwealth land grant be brought within ten years of the date of that grant, giving titles derived from state grants a fixed point of finality.
Full Text of § 8.01-238
Plain-English Summary
Section 8.01-238 is a narrow, specialized limitation period for a specific kind of challenge: a suit to repeal a grant of land made by the Commonwealth. Anyone seeking to undo such a grant, whether attacking the whole grant or just part of it, has to file a bill in equity within ten years of the date the grant was made.
This kind of action traces back to an older equity practice of challenging land patents issued by the state, and the ten-year window gives finality to Commonwealth land grants after a relatively short period, so that titles derived from a state grant are not left permanently open to challenge.
Frequently Asked Questions
How long does someone have to challenge a Commonwealth land grant in Virginia?
Ten years from the date of the grant, under Section 8.01-238.
What kind of legal action does Section 8.01-238 govern?
A bill in equity to repeal, in whole or in part, a grant of land made by the Commonwealth.
Does the ten-year period run from when the challenge arises or from the date of the grant itself?
From the date of the grant itself, next after which the ten years must run before the action is time-barred.
Can a partial challenge to a land grant use this same ten-year period?
Yes. The section covers a bill to repeal a grant either in whole or in part.
Does this section apply to private land transfers between individuals?
No. It specifically addresses a grant of land by the Commonwealth, not a conveyance between private parties.
Amendment History
Code 1950, § 8-9; 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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