§ 8.01-158.How claim of plaintiff for profits and damages assessed.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-158 provides that if the plaintiff files a statement of claimed profits and damages, and the jury finds for the plaintiff, the jury also assesses mesne profits for up to five years before suit and damages for destruction or waste chargeable to the defendant.
Full Text of § 8.01-158
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If the plaintiff file with his motion for judgment a statement of the profits and other damages which he means to demand, and the jury find in his favor, they shall, at the same time, unless the court otherwise order, assess the
damages for mesne profits of the land for any period not exceeding five years previously to the commencement of the suit until the verdict, and also the damages for any destruction or waste of the buildings or other property during the same time for which the defendant is chargeable.
Plain-English Summary
Section 8.01-158 lets an ejectment plaintiff pursue money damages alongside the recovery of possession, so long as the claim is set up in advance. If the plaintiff files, together with the motion for judgment, a statement of the profits and other damages sought, and the jury finds in the plaintiff’s favor on the underlying claim, the jury takes on an additional task.
Unless the court orders otherwise, the jury assesses damages for mesne profits of the land — profits earned from the property during the period it was wrongfully withheld — covering a period not exceeding five years before the suit was commenced, running through the date of the verdict. The jury also assesses damages for any destruction or waste of the buildings or other property on the premises during that same period, to the extent the defendant is chargeable for it.
Frequently Asked Questions
How does a plaintiff claim profits and damages in an ejectment action?
By filing, together with the motion for judgment, a statement of the profits and other damages the plaintiff intends to demand, as required by Section 8.01-158.
What are “mesne profits” under this section?
They are the profits derived from the land during the period the premises were wrongfully withheld from the plaintiff, assessed for a period not exceeding five years before the commencement of the suit, up through the verdict.
Can the plaintiff also recover for damage to buildings on the property?
Yes. The jury also assesses damages for any destruction or waste of buildings or other property during the relevant period, to the extent the defendant is chargeable for it.
Does the jury always assess these damages, or can the court do it instead?
The jury assesses them “unless the court otherwise order,” so the court retains some control over whether the jury or the court handles that part of the case.
How far back can the mesne profits go?
No more than five years before the commencement of the suit, running through the time of the verdict.
Amendment History
Code 1950, § 8-827; 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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