If the defendant or his heirs or assigns shall, after the premises are so relinquished to him, be evicted thereof by force of any better title than that of the original plaintiff, the person so evicted may recover from such plaintiff or his representative the amount so paid for the premises, as so much money had and received by such plaintiff in his lifetime for the use of such person, with lawful interest thereon from the time of such payment.
§ 8.01-178.When and how defendant, if evicted, may recover from plaintiff amount paid.
Chapter 3. Actions · Article 15. Improvements · Last amended 1977 · Last verified July 16, 2026
In one sentenceIf a defendant who took relinquished land is later evicted by someone with a better title than the original plaintiff’s, that defendant may recover from the plaintiff or the plaintiff’s estate the amount paid for the land, treated as money the plaintiff received for the defendant’s benefit, plus interest.
Full Text of § 8.01-178
Plain-English Summary
Section 8.01-178 closes the loop on the relinquishment procedure by protecting the defendant against a worst-case scenario: paying full value for land under Section 8.01-176, only to later lose that same land to someone with a superior claim. If the defendant, or the defendant’s heirs or assigns, are evicted from the relinquished premises by force of a title better than the original plaintiff’s, the statute gives them a remedy against that plaintiff.
The remedy runs against the plaintiff, or the plaintiff’s representative if the plaintiff has died, and it is framed as a recovery of money — the amount the defendant paid for the premises is treated as though it were money the plaintiff received and held for the defendant’s benefit. That framing lets the evicted party recover the payment directly, with lawful interest running from the time it was originally paid, rather than being left with a worthless title and no way back to the money spent for it.
Frequently Asked Questions
What triggers the remedy in Section 8.01-178?
The defendant, or the defendant’s heirs or assigns, being evicted from the relinquished premises by a title superior to the original plaintiff’s.
From whom can the evicted defendant recover?
The original plaintiff, or the plaintiff’s representative if the plaintiff has died.
How is the recovery legally characterized?
As money had and received by the plaintiff for the defendant’s use.
Does the evicted defendant recover interest?
Yes, lawful interest running from the time of the original payment.
What earlier section created the payment this section lets a defendant recover?
Section 8.01-176’s payment for an estate relinquished under Section 8.01-175.
Amendment History
Code 1950, § 8-856; 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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