No writ of right, writ of entry, or writ of formedon, shall be hereafter brought.
§ 8.01-165.Writ of right, etc., abolished.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-165 abolishes the ancient common-law real actions — the writ of right, the writ of entry, and the writ of formedon — providing that none of them may be brought after the statute takes effect.
Full Text of § 8.01-165
Plain-English Summary
Section 8.01-165 closes out Virginia’s transition away from the old common-law real actions that ejectment eventually replaced. The statute bars any future use of a writ of right, a writ of entry, or a writ of formedon.
These were historical procedures for recovering real property, predecessors to the modern ejectment action described throughout this article. By foreclosing them outright, the statute leaves ejectment, along with the other remedies set out in the chapter, as the vehicle for resolving disputes over the right to real property.
Frequently Asked Questions
What are the writ of right, writ of entry, and writ of formedon?
They were historical common-law actions used to recover real property, predecessors to the modern ejectment action. Section 8.01-165 bars any of them from being brought going forward.
Can someone still bring a writ of right in Virginia today?
No. The statute states that no writ of right, writ of entry, or writ of formedon “shall be hereafter brought.”
How does this section relate to Section 8.01-131’s reference to writs of right?
Section 8.01-131 measures who may bring an ejectment action against the cases in which a writ of right could have been brought before July 1, 1850 — a historical reference point — while Section 8.01-165 forecloses bringing a writ of right itself.
Why would the legislature bother abolishing actions that were already largely replaced by ejectment?
Doing so removes any lingering uncertainty about whether those older procedures remained technically available, confirming that ejectment and the chapter’s other remedies are the exclusive path for these property disputes.
Does abolishing these writs affect the underlying property rights they used to protect?
No. It affects only the procedural vehicle for asserting those rights — the rights themselves continue to be enforceable through ejectment and the other actions the chapter provides.
Amendment History
Code 1950, § 8-835; 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
Also known as: writ of right abolished virginiawrit of entry virginia codewrit of formedon virginiahistorical real actions virginia law