§ 8.01-179.Motion for judgment to establish boundary lines.

Section 8.01-179 opens Article 16 by creating the cause of action that lets neighboring landowners resolve where their properties meet. Anyone holding a subsisting interest in real estate, and a right to possess it — or to possess some share or portion of it — may file a motion for judgment to ascertain and designate the true boundary line or lines between that property and one or more coterminous, meaning adjoining, landowners.

The section imposes two drafting requirements on the plaintiff. First, in stating the interest that gives them standing to sue, the plaintiff must conform to Section 8.01-137, the general pleading requirement for actions to recover land. Second, the motion must describe the real estate and the disputed boundary line or lines with reasonable certainty, so the court and the defendant know precisely what line is being contested and where it runs.