It shall be sufficient for the plaintiff to aver in his motion for judgment that on some day specified therein, which shall be after his title accrued, he was possessed of the premises claimed, and, being so possessed thereof, the defendant afterwards, on some day likewise specified, entered into such premises or exercised acts of ownership thereon or claimed title thereto or some interest therein, to the damage of the plaintiff in such sum as he shall state in his motion for judgment.
§ 8.01-135.What is to be stated in motion for judgment.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-135 lists what a plaintiff must aver in the motion for judgment: a date after title accrued on which he was possessed of the premises, a later date on which the defendant entered, exercised ownership, or claimed an interest, and the damages claimed.
Full Text of § 8.01-135
Plain-English Summary
Section 8.01-135 sets a low pleading bar for the ejectment motion for judgment. The plaintiff need only aver that on some specified date — one falling after the plaintiff’s title accrued — he was possessed of the claimed premises.
The plaintiff must then aver that the defendant, on some later specified date, entered the premises, exercised acts of ownership over them, or claimed title or an interest in them, causing damage. The motion for judgment states that damage as a specific dollar sum.
Frequently Asked Questions
What facts must an ejectment plaintiff plead in the motion for judgment?
A date after title accrued on which the plaintiff was possessed of the premises, and a later date on which the defendant entered the premises, exercised ownership acts, or claimed title or an interest in them, to the plaintiff’s stated damage.
Does the plaintiff need to describe how the defendant took possession in detail?
No. Section 8.01-135 only requires an averment that the defendant entered, exercised acts of ownership, or claimed title or an interest — stated generally rather than with detailed factual narrative.
Must the plaintiff specify a dollar amount of damages?
Yes. The motion for judgment must state the sum of damages the plaintiff claims resulted from the defendant’s conduct.
What does “after his title accrued” mean for the date of possession?
The date the plaintiff avers being possessed of the premises must fall after the plaintiff’s title to the property came into existence, tying the claim of possession to an already-existing right.
How does the motion for judgment relate to describing the property and the plaintiff’s claimed estate?
Section 8.01-135 sets the core averments about possession, entry, and damages, while Sections 8.01-136 and 8.01-137 add further requirements — describing the premises with certainty and stating whether the plaintiff claims in fee, for life, or for years.
Amendment History
Code 1950, § 8-802; 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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