§ 8.01-146.When vendee, etc., entitled to conveyance of legal title, vendor cannot recover.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-146 bars a vendor, or anyone claiming under the vendor, from recovering land in ejectment against a vendee who holds a signed writing stating the purchase terms and has paid or performed enough to be entitled in equity to an unconditional conveyance.
Full Text of § 8.01-146
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A vendor, or any claiming under him, shall not, at law any more than in equity, recover against a vendee, or those claiming under him, lands sold by such vendor to such vendee, when there is a writing, stating the purchase and the terms thereof, signed by the vendor or his agent and there has been such payment or performance of what was
contracted to be paid or performed on the part of the vendee, as would in equity entitle him, or those claiming under him, to a conveyance of the legal title of such land from the vendor, or those claiming under him, without condition.
Plain-English Summary
Section 8.01-146 imports an equitable defense into the ejectment action itself. Ordinarily, a vendor who sold land might still hold legal title while a buyer takes possession under an installment contract or similar arrangement. This statute prevents the vendor — or anyone claiming under the vendor — from using that residual legal title to eject the vendee.
The bar applies when there is a signed writing stating the purchase and its terms, signed by the vendor or the vendor’s agent, and the vendee (or someone claiming under the vendee) has paid or performed enough of what the contract required that, in equity, the vendee would already be entitled to an unconditional conveyance of legal title. In that situation, the vendor cannot use an ejectment action at law to accomplish what equity would refuse to allow.
Frequently Asked Questions
Can a vendor sue a vendee in ejectment after selling land under a contract?
Not if there is a signed writing stating the purchase and its terms, and the vendee has paid or performed enough that equity would already entitle the vendee to an unconditional conveyance. Section 8.01-146 bars the vendor from recovering the land at law in that situation.
What has to be in writing for this bar to apply?
A writing stating the purchase and its terms, signed by the vendor or the vendor’s agent.
How much of the purchase price or performance must the vendee have completed?
Enough that, in equity, the vendee — or someone claiming under the vendee — would be entitled to a conveyance of the legal title without any further condition.
Does this bar apply only to the original vendor, or to others as well?
It applies to the vendor and to anyone claiming under the vendor, and it protects both the vendee and anyone claiming under the vendee.
How does this section relate to the rule for mortgagees and trustees under Section 8.01-147?
Both sections keep a legal-title holder from using ejectment to defeat rights equity would already recognize — Section 8.01-146 for a vendor against a vendee who has substantially paid for the land, and Section 8.01-147 for a mortgagee or trustee against a grantor who has satisfied the secured debt.
Amendment History
Code 1950, § 8-816; 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:vendor cannot recover ejectment virginiavendee equitable defense virginialand contract ejectment virginiainstallment land sale possession virginiaequitable title defense ejectment