The defendant shall not be liable for such annual value for any longer time than five years before the suit, or for damages for any such waste or other injury done before such five years, except when he claims for improvements as aforesaid.
§ 8.01-168.For what time.
Chapter 3. Actions · Article 15. Improvements · Last amended 1977 · Last verified July 16, 2026
In one sentenceThe defendant’s liability for annual value or for waste is capped at five years before suit — except that when the defendant also claims for improvements, the jury may reach further back to offset that claim.
Full Text of § 8.01-168
Plain-English Summary
Section 8.01-168 puts a time limit on how far back the plaintiff can reach for damages. A defendant who occupied land is not liable for the annual value of that occupation, or for waste committed on the land, for any period earlier than five years before the suit was filed. Whatever happened on the property before that five-year window is off the table for an ordinary damages claim.
The section carves out one exception, tied directly to Section 8.01-170: when the defendant claims an allowance for improvements, and that allowance exceeds the damages the jury assessed for the five-year period, the jury may look further back — past the five years — to rents, profits, or waste, but only to offset the defendant’s own improvement claim. A defendant who asks the jury to look at value added over many years opens the door to having value subtracted over the same span.
Frequently Asked Questions
How far back can the plaintiff recover annual value or waste damages?
Section 8.01-168 caps that recovery at five years before the suit was brought.
Is there any way the five-year limit gets extended?
Yes. When the defendant claims for improvements and that claim exceeds the damages already assessed, Section 8.01-170 lets the jury look further back to offset it.
Who benefits from the ordinary five-year cap?
The defendant, since it shields earlier conduct from an ordinary damages claim.
Does the reach-back exception help the plaintiff or the defendant?
It works in the plaintiff’s favor by offsetting the defendant’s improvement claim, though the offset is capped at the value of the improvements under Section 8.01-170.
What triggers a look beyond the five-year window?
The defendant claiming an allowance for improvements as described in Section 8.01-166 and the sections that follow it.
Amendment History
Code 1950, § 8-844; 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: virginia five year limit rent damages landhow far back can landowner claim damages virginia8.01-168 time limitation wastestatute of limitations occupation damages virginiaimprovement claim exception five year rule