The plaintiff shall also state whether he claims in fee or for his life, or the life of another, or for years, specifying such lives or the duration of such term, and when he claims an undivided share or interest he shall state the same.
§ 8.01-137.Plaintiff to state how he claims.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-137 requires the plaintiff to state the nature of the claimed estate — fee, his own life, another person’s life, or a term of years — and to specify the relevant lives or the term’s duration, along with any claimed undivided share.
Full Text of § 8.01-137
Plain-English Summary
Section 8.01-137 requires the plaintiff to be specific about what kind of estate is being claimed, not just that some interest exists. The motion for judgment must say whether the claim is in fee, for the plaintiff’s own life, for the life of another person, or for a term of years.
When the claim rests on a life estate, the plaintiff must identify whose life measures it. When it rests on a term of years, the plaintiff must state how long that term runs. And if the plaintiff claims only an undivided share or interest in the premises rather than the whole, that too must be stated.
Frequently Asked Questions
What must a plaintiff say about the type of estate claimed in ejectment?
Whether the claim is in fee, for the plaintiff’s life, for the life of another person, or for a term of years, specifying the relevant lives or the duration of the term.
What if the plaintiff only claims a fraction of the property?
Section 8.01-137 requires the plaintiff to state that an undivided share or interest is being claimed, rather than leaving the scope of the claim ambiguous.
Why does it matter whose life a life estate is measured by?
A life estate ends when the measuring life ends, so identifying whose life it is fixes the duration of the plaintiff’s claimed right, which affects the estate the court can ultimately recognize.
Does claiming a “term of years” require stating the exact length?
Yes. The plaintiff must specify the duration of the term when claiming an estate for years.
How does this requirement connect to what the verdict must specify?
Section 8.01-153 later requires the verdict to specify the same kind of estate found in the plaintiff — fee, life estate with the relevant life, or a term of years with its duration — mirroring what Section 8.01-137 requires the plaintiff to plead.
Amendment History
Code 1950, § 8-804; 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
Also known as: claiming fee simple ejectment virginialife estate ejectment pleading virginiaterm of years ejectment virginiaundivided share real property claim virginia