Va. Code » Title 55.1. Property and Conveyances » Subtitle I. Property Conveyances » Chapter 1. Creation and Limitation of Estates » Article 1. Creation and Transfer of Estates
Virginia Code

Va. Code Ann. § 55.1-119 (2026)

When person not a party, etc., may take or sue under instrument

✓ current as of May 2026
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An immediate estate or interest in or the benefit of a condition respecting any estate may be taken by a person under an instrument, although he is not a party to such instrument; and if a covenant or promise is made for the benefit, in whole or in part, of a person with whom it is not made, or with whom it is made jointly with others, such person, whether named in the instrument or not, may maintain in his own name any action thereon that he might maintain as though it had been made with him only and the consideration had moved from him to the party making such covenant or promise. In such action, the covenantor or promisor shall be permitted to make all defenses he may have, not only against the covenantee or promisee, but also against such beneficiary.

Code 1919, § 5143; Code 1950, § 55-22; 2019, c. 712.

Notes of Decisions
Cited in 11 cases (9 in the last 5 years), 2019–2025 · leading case: Aundrey Hubbard v. Scott H. Jenkins In his Off. capacity as Sheriff of Culpeper Cnty., VA. (Va. Ct. App. 2023).
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Aundrey Hubbard v. Scott H. Jenkins In his Off. capacity as Sheriff of Culpeper Cnty., VA. (Va. Ct. App. 2023). · cites it 67× “See Code § 55.1-119; see also Ogunde v. Prison Health Servs.”
Aundrey Hubbard v. Scott H. Jenkins In his Off. capacity as Sheriff of Culpeper Cnty., VA. (Va. Ct. App. 2023). · cites it 67× “See Code § 55.1-119; see also Ogunde v. Prison Health Servs.”
Holderfield v. Thyssenkrupp Elevator Corp. (E.D. Va. 2022). · cites it 7× “]” Va. Code § 55.1-119. Virginia courts have interpreted that provision to require that for a third party to bring a cognizable claim, the contracting parties must have clearly and definitely intended that the contract in question confer a benefit upon the third party.”
I-81, LLC v. Felher Transp., Inc. (W.D. Va. 2025). · cites it 7× “) In Virginia, a person’s right to sue as a third-party beneficiary of a contract is governed by Va. Code § 55.1-119. Aetna Cas. & Sur. Co.”
Catoctin Ridge Homeowners Ass'n, Inc. v. George L. Biller (Va. Ct. App. 2025). · cites it 6× “8; accord Code § 55.1-119 (“An immediate estate or interest in or the benefit of a condition 4 We note an important caveat to Shirley that it did not reach the question of whether “the common law [stranger] rule is inconsistent with the General Assembly’s intent reflected in…”
Fedynich v. Lozano (E.D. Va. 2021). · cites it 4× “Va. Code Ann. § 55.1-119 . 30 7. Count VIII: The Court Will Dismiss the Constructive Eviction Claim Because the Fedynichs Do Not Allege That They Abandoned the Property Due to An Intentional Act or Omission by Defendants Because the Fedynichs do not allege they abandoned their…”
Multiscaff Ltd. v. Aptim Fed. Servs., LLC (E.D. Va. 2024). · cites it 3× “1976); see Va. Code § 55.1-119. But the third-party beneficiary doctrine does not work the other way — parties may “agree[] between themselves to bestow a benefit upon a third party,” but they cannot agree between themselves to impose an obligation on a third party.”
Flinn v. Deutsche Bank Trust Co. Americas (W.D. Va. 2020). · cites it 3× “1993) (ruling that property owners who purchased aproperty subject to leases did not have standing to challenge the validity of the leases); Va. Code Ann. § 55.1-119 ; Griffin, 471 S.”
Tingler v. Graystone Homes, Inc., 298 Va. 63 (Va. 2019). · cites it 2× “” Code § 55.1-119 (renumbering and recodifying, effective October 1, 2019, former Code § 55-22).”
The Reserve at Winchester I, LLC v. R 150 SPE, LLC (W.D. Va. 2022). · cites it 2× “2019); see Va. Code Ann. § 55.1-119 ; Restatement (Second) of Contracts § 302.”
Margaret Hancko, f/k/a, etc. v. New Penn Fin., LLC, d/b/a Shellpoint Mortg. Servicing, etc. (Va. Ct. App. 2025). · cites it 2× “See Code § 55.1-119; Kelley v. Griffin, 252 Va.”
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