Any such judgment in an action of ejectment shall be conclusive as to the title or right of possession established in such action, upon the party against whom it is rendered, and against all persons claiming from, through, or under such party, by title accruing after the commencement of such action, except as hereinafter mentioned.
§ 8.01-163.Judgment to be conclusive.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-163 makes an ejectment judgment conclusive on the title or right of possession it establishes, binding the losing party and everyone claiming from, through, or under that party by title accruing after the action began, subject to stated exceptions.
Full Text of § 8.01-163
Plain-English Summary
Section 8.01-163 gives an ejectment judgment lasting effect beyond the immediate parties. Once entered, the judgment is conclusive as to the title or right of possession the action established — it settles that question, not just for that particular trial, but going forward.
The judgment binds the party against whom it was rendered, and it also binds everyone claiming from, through, or under that party, so long as their claim to title accrued after the ejectment action was commenced. The statute notes exceptions “as hereinafter mentioned,” acknowledging that other provisions in the ejectment statutes can qualify this general rule of conclusiveness.
Frequently Asked Questions
Does an ejectment judgment settle the title question permanently?
It is conclusive as to the title or right of possession established in the action, binding the losing party and those claiming from, through, or under that party by title accruing after the action commenced, though the statute preserves certain exceptions found elsewhere in the ejectment statutes.
Who besides the losing party is bound by the judgment?
Anyone claiming from, through, or under that party, as long as the claim to title accrued after the ejectment action was commenced.
Does the judgment bind someone whose title accrued before the action was filed?
Section 8.01-163 limits its binding effect to title accruing after the commencement of the action, so a claim that predates the suit is not automatically foreclosed on the same basis.
Are there exceptions to how conclusive the judgment is?
Yes, the statute expressly says the conclusiveness applies “except as hereinafter mentioned,” pointing to other provisions elsewhere in the ejectment statutes that can limit or qualify that effect.
How does this section relate to recovering mesne profits from third parties?
Section 8.01-164 clarifies that nothing in the chapter, including the conclusiveness of the judgment under Section 8.01-163, stops the plaintiff from separately recovering mesne profits or property damage from persons other than the defendant who may be liable.
Amendment History
Code 1950, § 8-832; 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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