No person shall commence an action for the recovery of lands, nor make an entry thereon, by reason of a breach of a condition subsequent, or by reason of the termination of an estate of fee simple determinable, unless the action is commenced or entry is made within ten years after breach of the condition or within ten years from the time when the estate of fee simple determinable has been terminated. Where there has been a breach of a condition subsequent or termination of an estate fee simple determinable which occurred prior to July 1, 1965, recovery of the lands, or an entry may be made thereon by the owner of a right of entry or possibility of reverter, by July 1, 1977. Possession of land after breach of a condition subsequent or after termination of an estate of fee simple determinable shall be deemed adverse and hostile from the first breach of a condition subsequent or from the occurrence of the event terminating an estate of fee simple determinable.
§ 8.01-255.1.Limitation of action for breach of condition subsequent or termination of determinable fee simple estate.
Chapter 4. Limitations of Actions · Article 5. Miscellaneous Limitations Provisions · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-255.1 gives ten years to recover land or make entry after a breach of a condition subsequent or the termination of a fee simple determinable estate, treats possession after that breach or termination as adverse from the moment it occurs, and set a July 1, 1977 deadline for pre-1965 breaches or terminations.
Full Text of § 8.01-255.1
Plain-English Summary
Section 8.01-255.1 addresses two related property-law concepts: a condition subsequent, which lets an interest be cut short after a specified event, and a fee simple determinable, which ends automatically when a stated event occurs. Whoever holds the right of entry or possibility of reverter following such a breach or termination has ten years, from the breach of the condition or from the termination of the determinable fee, to commence an action for recovery of the land or to make entry on it.
For breaches or terminations that happened before July 1, 1965, the section supplied its own transitional deadline: the owner of the right of entry or possibility of reverter had until July 1, 1977, to recover the land or enter on it. Separately, the section settles a possession question that otherwise complicates adverse possession analysis: possession of the land after a breach of a condition subsequent, or after termination of a determinable fee, is deemed adverse and hostile from the first breach or from the triggering event, not from some later point when the possessor’s intent becomes clear.
Frequently Asked Questions
How long does the holder of a right of entry have to recover land after a breach of a condition subsequent?
Ten years after the breach of the condition, under Section 8.01-255.1, or ten years from the termination of the estate if it is a fee simple determinable.
What deadline applied to breaches or terminations that happened before July 1, 1965?
The owner of the right of entry or possibility of reverter had until July 1, 1977, to recover the land or make entry on it.
When is possession of the land considered adverse after a breach of a condition subsequent?
From the first breach of the condition, according to Section 8.01-255.1, not from a later point when the possessor’s adverse intent becomes apparent.
What is the difference between a condition subsequent and a fee simple determinable under this section?
A condition subsequent allows entry after a breach of the stated condition, while a fee simple determinable estate ends automatically upon the occurrence of the triggering event; the section applies its ten-year period to both, measured from the breach or the termination respectively.
Can someone still enter land more than ten years after a breach of a condition subsequent occurred?
No. Section 8.01-255.1 bars both the action for recovery and the entry itself once the ten-year period following the breach or termination has passed.
Amendment History
Code 1950, § 8-5.1; 1975, c. 136; 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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