A. The action of ejectment is retained, subject to the provisions hereinafter contained, and to the applicable Rules of Court.
§ 8.01-131.Action of ejectment retained; when and by whom brought.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-131 preserves the ejectment action in Virginia, subject to the Rules of Court, and lets anyone with a claim to real estate in fee, for life, or for years — as heir, devisee, purchaser, or otherwise — bring it under the same conditions that once governed a writ of right.
Full Text of § 8.01-131
B. Such action may be brought in the same cases in which a writ of right might have been brought prior to the first day of July, 1850, and by any person claiming real estate in fee or for life or for years, either as heir, devisee or purchaser, or otherwise.
Plain-English Summary
Section 8.01-131 keeps the action of ejectment on the books in Virginia, subordinate to whatever the Rules of Court require. Ejectment is the lawsuit a person files to recover possession of real property from someone occupying or claiming it wrongfully.
The statute opens the action to anyone who could have brought a writ of right before July 1, 1850 — the old common-law real action that ejectment eventually replaced. That includes a person claiming an interest in real estate in fee, for life, or for a term of years, whether the claim traces back through inheritance as an heir, a will as a devisee, a purchase, or some other route to title.
Frequently Asked Questions
What does it mean that Virginia “retained” the action of ejectment?
It means the legislature kept ejectment available as a live cause of action rather than replacing it with something else. A person who wants to recover possession of real property from someone wrongfully holding it can still file an ejectment suit, subject to the applicable Rules of Court.
Who is allowed to bring an ejectment action in Virginia?
Anyone claiming real estate in fee, for life, or for a term of years may bring the action — whether the claim arises through inheritance as an heir, through a will as a devisee, through a purchase, or through some other means of acquiring an interest in the land.
What was a “writ of right,” and why does the statute mention 1850?
A writ of right was an old common-law action for recovering real property. Section 8.01-131 measures eligibility to bring ejectment against the same cases in which a writ of right could have been brought before July 1, 1850, tying the modern action to that historical baseline.
Can someone who is only entitled to a life estate bring an ejectment action?
Yes. The statute covers claims in fee, for life, or for years, so a life tenant with a right to possession can bring the action just as an owner in fee simple can.
Does this section create the ejectment action, or just continue it?
It continues an action that already existed at common law. The statute states that ejectment “is retained,” and it operates subject to whatever procedures the applicable Rules of Court set out.
Amendment History
Code 1950, §§ 8-796, 8-797; 1954, c. 333; 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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