Any person who, before the partition or sale, was lessee of any of the lands divided or sold, shall hold the same of him to whom such land is allotted or sold on the same term on which by his lease he held it before the partition.
§ 8.01-91.Effect of partition or sale on lessee's rights.
Chapter 3. Actions · Article 9. Partition · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-91 preserves an existing lessee’s rights after partition or sale, requiring the lessee to hold the leased land from whoever receives it by allotment or purchase, on the same terms as the original lease.
Full Text of § 8.01-91
Plain-English Summary
This section protects a lessee whose landlord’s interest changes hands through partition or sale. If a person leased land before it was divided or sold under this article, that lease does not end just because ownership shifted.
Instead, the lessee continues to hold the land from whoever received it — through allotment or purchase — on the same terms the original lease set. The new owner steps into the landlord’s position rather than displacing the tenancy.
Frequently Asked Questions
What happens to my lease if the landlord’s property is partitioned or sold?
The lease continues. You hold the land from whoever receives it by allotment or purchase, on the same terms as your original lease.
Does the new owner have to honor the original lease terms?
Yes. Section 8.01-91 requires the lessee to hold “on the same term on which by his lease he held it before the partition,” binding the new owner to those terms.
Does this protection apply to a sale as well as a physical division of the property?
Yes. The section covers land that is “divided or sold,” reaching both a partition in kind and a partition sale.
When did the lease have to start for this protection to apply?
Before the partition or sale took place — the section protects someone who “before the partition or sale, was lessee” of the land involved.
Who becomes the lessee’s new landlord after the property changes hands?
Whoever the land was allotted or sold to — that person steps into the position the original landlord held under the lease.
Amendment History
Code 1950, § 8-701; 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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