No person shall bring such ejectment action unless he has, at the time of commencing it, a subsisting interest in the premises claimed and a right to recover the same, or to recover the possession thereof, or some share, interest or portion thereof.
§ 8.01-132.What interest and right plaintiff must have.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-132 bars anyone from filing an ejectment action unless, at the moment the suit begins, that person already holds a subsisting interest in the claimed land and a present right to recover it, its possession, or some share or portion of it.
Full Text of § 8.01-132
Plain-English Summary
Section 8.01-132 sets a threshold requirement for every ejectment plaintiff: the interest and the right to sue must already exist when the suit starts. A person cannot file first and acquire the necessary interest later.
The right does not have to cover the entire parcel. The statute allows suit by someone with a subsisting interest and a right to recover the whole property, its possession alone, or only a share, interest, or portion of it — as long as that partial right exists at the time the action commences.
Frequently Asked Questions
When must a plaintiff’s interest in the land exist to bring an ejectment action?
At the time the plaintiff commences the action. Section 8.01-132 requires a subsisting interest and a right to recover at that moment, not at some later point in the litigation.
Can someone sue for possession of only part of a property?
Yes. The statute allows an ejectment action based on a right to recover the whole premises, the possession of it, or some share, interest, or portion of it.
What happens if a plaintiff’s interest arises after the lawsuit is filed?
The action would not satisfy Section 8.01-132, which requires the subsisting interest and right to recover to exist when the suit is commenced, not afterward.
Does “subsisting interest” mean the plaintiff must hold full ownership?
No. It means the plaintiff must currently hold some legally recognized interest in the premises, which can range from a full fee-simple claim to a share or partial interest.
How does this section relate to who may bring ejectment under Section 8.01-131?
Section 8.01-131 opens the action to heirs, devisees, purchasers, and others claiming real estate; Section 8.01-132 adds the additional requirement that whoever sues must hold a subsisting interest and right to recover at the time of filing.
Amendment History
Code 1950, § 8-799; 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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