If the plaintiff in a partition action seeks an order of publication pursuant to § 8.01-316, the plaintiff, not later than 10 days after the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign shall state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
§ 8.01-83.2.Notice by posting.
Chapter 3. Actions · Article 9. Partition · Last amended 2020 · Last verified July 16, 2026
In one sentenceSection 8.01-83.2 requires a partition plaintiff who seeks an order of publication to post a conspicuous sign on the property, identifying the pending action and the court, and to keep it up for as long as the case remains pending.
Full Text of § 8.01-83.2
Plain-English Summary
This section adds a physical notice requirement to the usual published notice when a partition plaintiff cannot identify or locate all interested parties and seeks an order of publication under § 8.01-316. Within ten days of the court’s determination, the plaintiff must post a conspicuous sign on the property itself and keep it there for as long as the action is pending.
The sign must state that the action has begun and identify the court’s name and address, along with the common designation by which the property is known. The court can go further and require the sign to display the names of the plaintiff and any known defendants, giving anyone who happens across the property a way to find out about the case affecting it.
Frequently Asked Questions
When does a partition plaintiff have to post a sign on the property?
Whenever the plaintiff seeks an order of publication under § 8.01-316 because some interested parties cannot be identified or located, the plaintiff must post a sign within ten days of the court’s determination.
How long does the sign have to stay up?
For as long as the partition action remains pending.
What information does the sign have to include?
A statement that the action has commenced, the name and address of the court, and the common designation by which the property is known.
Can the court require more information on the sign?
Yes. The court may require the plaintiff to also publish the name of the plaintiff and the known defendants on the sign.
Why does the statute require a physical sign in addition to published notice?
An order of publication reaches people who cannot otherwise be located; posting a sign on the property itself gives anyone with a real connection to the land — even someone the plaintiff couldn’t identify — a direct way to learn the action is pending.
Amendment History
2020, cc. 115, 193.
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: posting notice partition action virginia8.01-83.2 virginiaorder of publication sign on property virginiaunknown parties partition notice virginia