After offsetting the damages assessed for the plaintiff and the allowances to the defendant for improvements, if any, the jury shall find a verdict for the balance for the plaintiff or defendant, as the case may be, and judgment or decree shall be entered therefor according to the verdict.
§ 8.01-171.Verdict for balance, after offsetting damages against improvements.
Chapter 3. Actions · Article 15. Improvements · Last amended 1977 · Last verified July 16, 2026
In one sentenceOnce the jury offsets the plaintiff’s damages against the defendant’s improvement allowance, it returns a single verdict for whichever side is owed the balance, and the court enters judgment or a decree on that verdict.
Full Text of § 8.01-171
Plain-English Summary
Section 8.01-171 closes out the accounting that Sections 8.01-167 through 8.01-170 set up. After the jury has fixed the plaintiff’s damages and, where claimed, the defendant’s allowance for improvements, it nets the two figures against each other rather than returning two separate awards.
Whichever side comes out ahead receives a verdict for the balance — the plaintiff if the damages outweigh the improvement allowance, the defendant if the improvements are worth more. The court then enters judgment or a decree matching that verdict, translating the jury’s arithmetic into an enforceable order.
Frequently Asked Questions
Does the jury return separate awards for damages and improvements?
No. Section 8.01-171 directs a single net verdict for the balance after offsetting the two figures.
Who can the balance be awarded to?
Either the plaintiff or the defendant, depending on which figure — damages or the improvement allowance — is larger.
What does the court do once the jury returns its verdict?
It enters judgment or a decree matching the verdict for the balance.
Which sections feed into the calculation resolved by Section 8.01-171?
Sections 8.01-167 through 8.01-170, covering the plaintiff’s damages, the time limit on them, and the defendant’s improvement allowance.
If the defendant wins the balance, what does that create?
Section 8.01-172 turns that balance into a lien on the land the plaintiff recovered.
Amendment History
Code 1950, § 8-847; 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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