§ 8.01-67.Definitions; persons under a disability; fiduciary.

Chapter 3. Actions · Article 8. Actions for the Sale, Lease, Exchange, Redemption and Other Disposition of · Last amended 1977 · Last verified July 16, 2026

In one sentenceSection 8.01-67 tells the reader where to find the meaning of the two terms that hold this entire article together — “fiduciary” and “person under a disability” — by pointing to the definitions already set out in § 8.01-2.

Full Text of § 8.01-67

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The terms "fiduciary" and "person under a disability" as used in this article shall have the meanings ascribed to them in § 8.01-2.

Plain-English Summary

This section does one job: it keeps Article 8 from having to define its own vocabulary. Every rule that follows — on jurisdiction, on who must be named a party, on guardians ad litem, on leases and sales — turns on whether someone qualifies as a “fiduciary” or a “person under a disability.” Rather than restate those definitions here, the General Assembly incorporated the meanings already established in § 8.01-2.

That cross-reference matters because § 8.01-2 sets terms used across many parts of Title 8.01, not just this article. A reader trying to figure out whether a proceeding under Article 8 applies to a particular landowner has to start there, not here.

Frequently Asked Questions

Where do I find out who counts as a “person under a disability” under Article 8?

Look to § 8.01-2. Section 8.01-67 does not define the term itself; it adopts the definition already written into § 8.01-2 for use throughout this article on selling, leasing, and exchanging real estate.

What does “fiduciary” mean in the sections that follow?

The same thing it means under § 8.01-2. Article 8 relies on that existing definition rather than creating a separate one, so the term carries the same scope wherever it appears in §§ 8.01-68 through 8.01-80.

Does this section give a court any power to act?

No. It supplies vocabulary, not authority. The power to order a sale, lease, or exchange comes from § 8.01-68 and the sections that follow it.

Why not restate the definitions inside this article?

Using one set of definitions across Title 8.01 keeps the terms consistent from one article to the next, so a “person under a disability” means the same thing whether the proceeding involves a sale of land, a partition, or another matter entirely.

Does this section apply outside Article 8?

No. It limits its cross-reference to how the terms are “used in this article,” meaning Article 8’s sections on sale, lease, exchange, redemption, and other disposition of property belonging to a person under a disability.

Amendment History

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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