Virginia Code
Va. Code Ann. § 8.01-148 (2026)
Right of defendant to resort to equity not affected
✓ laws through the 2026 session (checked Sept. 2026)
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Whether the defendant shall or shall not make or attempt a defense under §§ 8.01-146 and 8.01-147, he shall not be precluded from resorting to equity for any relief to which he would have been entitled if such sections had not been enacted.
Code 1950, § 8-818; 1954, c. 333; 1977, c. 617.
Notes of Decisions
Cited in 1
case, 1987–1987 · leading case: Brown v. Haley, 355 S.E.2d 563 (Va. 1987).
Brown v. Haley, 355 S.E.2d 563 (Va. 1987). “See Code § 8.01-148. The Haleys and their privies, therefore, are not barred from bringing this suit in equity to establish their right to cross Brown’s property to reach the lake waters and to enjoin Brown’s interference with their use of this easement.”
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