All partitions heretofore had, when the proceedings conformed to the law as it existed prior to the amendment of § 5281 of the Code of 1919 by an act approved March 27, 1922, although they did not conform to such section as it read under the amendment of 1922, as aforesaid, are hereby validated; but nothing in this validating section shall be construed as intended to affect vested rights.
§ 8.01-87.Validation of certain partitions prior to act of 1922.
Chapter 3. Actions · Article 9. Partition · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-87 validates partitions completed under the law as it existed before a 1922 amendment to the Code of 1919, even though they did not conform to that amendment, but without disturbing any vested rights.
Full Text of § 8.01-87
Plain-English Summary
This section resolves old procedural defects rather than setting current rules. Partitions completed under the law as it stood before a March 1922 amendment to the former § 5281 of the Code of 1919 are validated, even though they did not conform to the law as the 1922 amendment changed it.
The validation carries a limit: nothing in the section is meant to disturb vested rights. A partition that meets the older standard is confirmed, but only to the extent that confirming it does not undo rights that had already vested.
Frequently Asked Questions
What kind of partitions does this section validate?
Partitions completed in conformity with the law as it existed before a March 27, 1922 amendment to former § 5281 of the Code of 1919, even though they did not conform to the 1922 amendment itself.
Does this section still matter today?
It operates as a historical curative provision, confirming the validity of partitions from that era rather than establishing a rule for partitions going forward.
Can this section be used to undo someone’s already-vested rights?
No. The statute states that nothing in the validating section is intended to affect vested rights.
What was defective about the partitions this section validates?
They conformed to the pre-1922 law but not to the version of the statute as amended in 1922 — a technical mismatch this section cures.
Does this section apply to partitions completed after 1922?
No. It addresses partitions already completed under the earlier law, described as “heretofore had” at the time of enactment.
Amendment History
Code 1950, § 8-696; 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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