Nothing in this chapter shall prevent the plaintiff from recovering mesne profits, or damages done to the premises, from any person other than the defendant, who may be liable to such action.
§ 8.01-164.Recovery of mesne profits, etc., not affected.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-164 clarifies that nothing in the ejectment chapter stops a plaintiff from separately recovering mesne profits or damage done to the premises from someone other than the named defendant who may be liable for that loss.
Full Text of § 8.01-164
Plain-English Summary
Section 8.01-164 keeps a plaintiff’s remedies from being confined to the ejectment defendant alone. Mesne profits and property damage claims addressed elsewhere in the chapter, such as under Section 8.01-158, focus on the defendant named in the ejectment action.
This section confirms that nothing in the chapter prevents the plaintiff from pursuing mesne profits, or damages done to the premises, against some other person who may be liable for them — someone other than the ejectment defendant. The ejectment action and its judgment do not exhaust the plaintiff’s ability to hold other responsible parties accountable.
Frequently Asked Questions
Can a plaintiff recover mesne profits from someone other than the ejectment defendant?
Yes. Section 8.01-164 says nothing in the chapter prevents the plaintiff from recovering mesne profits, or damages to the premises, from any other person who may be liable for such action.
Does winning the ejectment action limit who the plaintiff can pursue for damages?
No. This section makes clear the ejectment chapter does not restrict the plaintiff’s ability to go after other liable parties beyond the named defendant.
What kind of damages does this section preserve the right to pursue?
Mesne profits and damages done to the premises — the same categories of loss addressed within the ejectment action itself, but here pursued against a different, potentially liable person.
Why would the law need to say this separately from the mesne profits provision in Section 8.01-158?
Because Section 8.01-158 addresses assessing those damages within the ejectment action against the named defendant, Section 8.01-164 clarifies that this does not foreclose a separate route against other people who caused or share responsibility for the loss.
Does this section create a new cause of action?
No. It confirms that existing remedies against other liable persons remain available; it does not itself create a new right to sue.
Amendment History
Code 1950, § 8-834; 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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