Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 3. Actions » Article 14. Ejectment
Virginia Code

Va. Code Ann. § 8.01-131 (2026)

Action of ejectment retained; when and by whom brought

✓ current as of May 2026
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A. The action of ejectment is retained, subject to the provisions hereinafter contained, and to the applicable Rules of Court.

B. Such action may be brought in the same cases in which a writ of right might have been brought prior to the first day of July, 1850, and by any person claiming real estate in fee or for life or for years, either as heir, devisee or purchaser, or otherwise.

Code 1950, §§ 8-796, 8-797; 1954, c. 333; 1977, c. 617.

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1984–2026 · leading case: Parrish v. Fed. Nat'l Mortg. Ass'n, 787 S.E.2d 116 (Va. 2016).
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Parrish v. Fed. Nat'l Mortg. Ass'n, 787 S.E.2d 116 (Va. 2016). · cites it 4× “As an initial matter, rather than simply equate a question concerning title with trying title, I believe it is important to first define the term “try title.”
Sheffield v. Dep't of Highways & Transp., 397 S.E.2d 802 (Va. 1990). · cites it 3× “Ejectment is a common-law action, although it is now controlled by statute, Code §§ 8.01-131 through -165. Indeed, the codification expressly provides that the common-law action of ejectment “is retained.”
Seoane v. Drug Emporium, Inc., 457 S.E.2d 93 (Va. 1995). · cites it 2× “Code §§ 8.01-131, -134. Moreover, this action had nothing to do with the title to the landlord’s property; it concerned only the landlord’s rental and possessory claims, the essence of the landlord’s unlawful detainer count.”
Willner v. Frey, 421 F. Supp. 2d 913 (E.D. Va. 2006). · cites it 3× “On August 13, 2002, Leggett and his wife filed suit against the Willners in the Circuit Court for Fairfax County (hereinafter referred to as Fairfax I) claiming that the Leggetts and their predecessors in title had continuously, visibly, and adversely possessed a portion of the…”
White v. Pleasants, 317 S.E.2d 489 (Va. 1984). “01-166 reads as follows: Any defendant against whom a decree or judgment shall be rendered for land, when no assessment of damages has been made under article 14 (§ 8.01-131 et seq.) *515 of this chapter, may, at any time before the execution of the decree or judgment, present a…”
Cherokee Corp. of Linden, Virginia, Inc. v. Capital Skiing Corp. (In Re Cherokee Corp. of Linden, Virginia, Inc.), 222 B.R. 281 (Bankr. E.D. Va. 1998). · cites it 2× “As a consequence of the unlawful detainer, Cherokee argues that it is entitled to an order of ejectment pursuant to Virginia Code § 8.01-131 through § 8.01-178 and damages totaling $7,003,-000.”
Wells Fargo Bank, N.A. v. Peters (W.D. Va. 2020). · cites it 6× “Thereafter, Wells Fargo filed suit against Peters, raising a claim of ejectment under Virginia law, Va.Code § 8.01-131,et seq. Dkt. 1.2Wells Fargo invokes the Court’s subject matter jurisdiction through diversity of citizenship of the parties.”
Eleftherios Napier v. Margery Anna Cannon (Va. Ct. App. 2025). · cites it 3× “735, 744 (1979)); Code § 8.01-131 et seq. It is a “purely statutory action” that has been “retained” by the legislature.”
Jonathan E. Root, Tr. of the Root Living Trust v. Frans J. Kok (Va. Ct. App. 2025). · cites it 2× “Today, the rules governing ejectment actions can be found at Code §§ 8.01-131 to -165. From 1849 to today, ejectment has always been about the possession of the land.”
City of Norfolk v. Pretty Lake 5757 LLC (Va. Ct. App. 2026). · cites it 2× “Ejectment The City argues that the circuit court erred by allowing Pretty Lake to pursue an ejectment claim against the City for the taking of private property for a public use and for letting it bring separate counts for ejectment under both common law and Code § 8.01-131.…”
Fisher v. Surratt, 92 Va. Cir. 228 (Augusta Cir. Ct. 2015). · cites it 3× “Analysis Va. Code § 8.01-131 identifies the members of the class who may initiate an action of ejectment, and Va.”
Finks v. Gray, 15 Va. Cir. 174 (Shenandoah Cir. Ct. 1988). · cites it 2× “The material portions are as follows: Any defendant against whom a decree or judgment shall be rendered for land, when no assessment of damages has been made under Article 14 (Section 8.01-131 et seq.) of this chapter, may, at any *175 time before the execution of the decree or…”
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