Va. Code » Title 62.1. Waters of the State, Ports and Harbors » Chapter 16. Wharves, Docks, Piers and Bulkheads
Virginia Code

Va. Code Ann. § 62.1-164 (2026)

Erection and abatement of private wharves, piers and landings

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

Any person owning land upon a watercourse may erect a private wharf on the same, or private pier or landing, in such watercourse opposite his land; provided, such wharf, pier or land is for noncommercial purposes and navigation be not obstructed, nor the private rights of any person be otherwise injured thereby. The circuit court of the county in which such wharf, pier or landing is, after causing ten days' notice to be given to the owner thereof, of its intention to consider the subject, if it be satisfied that such wharf, pier or landing obstructs the navigation of the watercourse, or so encroaches on any private landing as to prevent the free use thereof, may abate the same.

Code 1950, § 62-139; 1968, c. 659; 1972, c. 415.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1985–2024 · leading case: Evelyn v. Commonwealth, 621 S.E.2d 130 (Va. Ct. App. 2005).
Sort: Relevance Newest Treatment
Evelyn v. Commonwealth, 621 S.E.2d 130 (Va. Ct. App. 2005). · cites it 6× “1-164, which provides as follows: Any person owning land upon a watercourse may erect a private wharf on the same, or private pier or landing, in such watercourse opposite his land; provided, such wharf, pier or landing is for noncommercial purposes and navigation be not…”
Langley v. Meredith, 376 S.E.2d 519 (Va. 1989). · cites it 4× “On May 3, 1985, Meredith initiated these proceedings by filing a bill of complaint, amplified by an amended bill, against Langley and Franklin relying on Code § 62.1-164. The statute provides, in part: “Any person owning land upon a watercourse may erect a private wharf on the…”
Smith Mountain Lake Yacht Club, Inc. v. Ramaker, 542 S.E.2d 392 (Va. 2001). · cites it 2× “Under Code § 62.1-164, the right to construct a dock or pier for noncommercial purposes on a watercourse is subject to the restriction that the exercise of this right shall not obstruct navigation or injure the private rights of any person.”
Carr v. Kidd, 540 S.E.2d 884 (Va. 2001). · cites it 2× “See Code § 62.1-164. In conformance with these principles, a riparian owner is entitled to have the extent of his rights on the line of navigability of the water course determined and marked, along with his proper share of the flats, or land under the water, and those boundaries…”
Stephen R. Jones v. South Bay Shore LLC, No. 1712221 (Va. Ct. App. Feb. 6, 2024). · cites it 4× “They further argued that the phrase “adjoining waters” in the second provision would be redundant unless it referred to the waters beyond the mean low-water line 6 Code § 62.1-164 authorizes a person owning waterfront property to erect a private wharf or pier provided it does…”
Combs v. Chamer, 6 Va. Cir. 258 (Spotsylvania Cir. Ct. 1985). · cites it 8× “Chamer violate the terms of Section 62.1-164 of the Virginia Code so as to "obstruct non-commercial navigation or injure the private rights of any person, or encroach on any private landing so as to prevent the free use thereof," thus entitling the complainants to relief by the…”
Smith Mountain Lake Yacht Club, Inc. v. Ramaker, 50 Va. Cir. 218 (Bedford Cir. Ct. 1999). · cites it 6× “Code § 62.1-164 supra. In conformity with these rights, every riparian owner is entitled “to have the extent of its enjoyment upon the line of navigability of the water course determined and marked, and his proper share of the flats, or land under the water, for the purposes…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.