No action shall be brought for the recovery of any ground rent reserved upon real estate after the expiration of ten years from the time such ground rent becomes due and payable.
§ 8.01-239.Ground rents.
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 8.01-239 bars any action to recover a ground rent reserved upon real estate once ten years have passed since that ground rent became due and payable, cutting off stale collection claims tied to older forms of land conveyance rather than to an ordinary lease arrangement.
Full Text of § 8.01-239
Plain-English Summary
A ground rent is a periodic payment reserved to a landowner (or the landowner’s successors) under an older form of land conveyance, where the payment is tied to the land itself rather than to an ordinary lease. Section 8.01-239 sets a ten-year limitation period for collecting on that kind of obligation, running from when each ground rent payment became due and payable.
Because ground rents can go unpaid for long stretches without anyone acting to collect, this section keeps stale ground-rent claims from lingering indefinitely against land, giving both the landowner and anyone dealing with the property a fixed point past which an unpaid ground rent can no longer be enforced through a lawsuit.
Frequently Asked Questions
How long does someone have to sue to collect an unpaid ground rent in Virginia?
Ten years from the time the ground rent becomes due and payable, under Section 8.01-239.
Does the ten-year period run from when the ground rent was created, or from when each payment came due?
From the time the ground rent becomes due and payable, not from the date the ground rent arrangement was originally created.
What is a ground rent in this context?
The section refers to a ground rent reserved upon real estate, a periodic payment obligation tied to the land rather than to an ordinary residential or commercial lease.
What happens if a suit to recover ground rent is filed after ten years have passed?
Section 8.01-239 bars the action once the ten-year period following the payment’s due date has expired.
Does this section apply to ordinary landlord-tenant rent claims?
No. It specifically addresses ground rent reserved upon real estate, a distinct property-law concept from a standard lease payment.
Amendment History
Code 1950, § 8-10; 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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