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§ 8.01-152.How verdict to specify undivided interest or share.

Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026

In one sentenceSection 8.01-152 requires a verdict awarding an undivided share or interest to specify that share, and, if the share applies only to part of the premises, to specify both the share and a description of that part.

Full Text of § 8.01-152

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If the verdict be for an undivided share or interest in the premises claimed, it shall specify the same, and if for an undivided share or interest of a part of the premises, it shall specify such share or interest, and describe such part as before required.

Plain-English Summary

Section 8.01-152 refines the verdict rules for a specific scenario: recovery of an undivided share or interest rather than a physically separate piece of land. When the verdict favors the plaintiff on that basis, it must specify the share or interest awarded — for example, a one-half or one-third undivided interest.

If that undivided share or interest applies to only part of the premises rather than the whole, the verdict has an added job: it must specify the share or interest and describe the relevant part of the premises, following the same descriptive requirements that apply elsewhere in the ejectment statutes.

Frequently Asked Questions

What must a verdict say when the plaintiff recovers an undivided interest in the property?

It must specify that share or interest — for example, a fraction such as one-third or one-half — under Section 8.01-152.

What if the undivided interest covers only part of the premises, not all of it?

The verdict must specify the share or interest and also describe that part of the premises, using the descriptive standard already required elsewhere in the ejectment statutes.

How is this different from a verdict awarding a specific, physically separate part of the land?

A specific part is a defined physical piece of the property, while an undivided share or interest is a fractional ownership interest in the property or a portion of it, without dividing it physically.

Why does the verdict need to specify the exact share rather than just saying the plaintiff wins?

Because the judgment entered on the verdict has to accurately reflect what the plaintiff owns and can enforce, and an imprecise verdict would leave the extent of the plaintiff’s recovery unclear.

Does this section connect to the requirement that the verdict state the plaintiff’s estate?

Yes. Section 8.01-153 separately requires the verdict to specify the estate found in the plaintiff — fee, life estate, or term of years — which works alongside the share or interest specified under Section 8.01-152.

Amendment History

Code 1950, § 8-822; 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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