In such case, the damages of the plaintiff, and the allowance to the defendant for improvements, shall be estimated, and the balance ascertained, and judgment therefor rendered, as prescribed in Article 15 (§ 8.01-166 et seq.) of this chapter.
§ 8.01-161.How allowed.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-161 provides that once a defendant’s improvement claim is on file, the plaintiff’s damages and the defendant’s allowance for improvements are estimated, the balance struck, and judgment rendered as prescribed in Article 15 of this chapter, beginning at Section 8.01-166.
Full Text of § 8.01-161
Plain-English Summary
Section 8.01-161 connects the improvement-allowance notice required under Section 8.01-160 to the mechanism for resolving the competing claims. Once the defendant has properly claimed an allowance for improvements, the case does not award the plaintiff’s full damages without regard to that claim.
Instead, the plaintiff’s damages and the defendant’s allowance for improvements are each estimated, the two figures are balanced against each other, and judgment is entered for whatever balance results. The statute directs that this process follows the procedure set out in Article 15 of the same chapter, beginning at Section 8.01-166.
Frequently Asked Questions
How are a defendant’s improvements valued against a plaintiff’s damages?
The plaintiff’s damages and the defendant’s allowance for improvements are each estimated, the balance between them is ascertained, and judgment is rendered for that balance, following the procedure in Article 15 of the chapter, starting at Section 8.01-166.
Does filing the improvement claim guarantee the defendant recovers something?
The statute sets up the estimation and balancing process, but the outcome depends on how the estimated damages and allowance compare — the point of the process is to strike the actual balance between them.
What does “the balance ascertained” mean in practice?
It means the value of the plaintiff’s damages is weighed against the value of the defendant’s improvement allowance, and the difference between the two becomes the amount the judgment addresses.
Where can the full procedure for estimating damages and improvements be found?
In Article 15 of this chapter, which the statute identifies as beginning at Section 8.01-166.
How does this section connect to the requirement that a defendant give notice of an improvement claim?
Section 8.01-160 requires the defendant to file the statement of the improvement claim with the pleading; Section 8.01-161 then supplies the process for estimating and resolving that claim against the plaintiff’s damages.
Amendment History
Code 1950, § 8-830; 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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