{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-123.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-123.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-123.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-123.html"}],"law_id":55842,"edition_id":1,"section_id":55842,"structure_id":13392,"section_number":"55.1-123","catch_line":"Removal of a cloud on title; nature of plaintiff’s title","history":"Code 1919, \u00a7 6248; Code 1950, \u00a7 55-153; 2019, c. 712.","full_text":"When a petition is filed to remove a cloud on the title to real estate, relief shall not be denied the complainant because he has only an equitable title to such real estate and is out of possession, but the court shall grant to the complainant such relief as he would be entitled to if he held the legal title and was in possession. If an issue of fact is raised which but for this section would entitle either party to a trial by jury, the court shall, upon the request of the party so entitled, order such issue to be tried by a jury.","order_by":null,"text":{"0":{"id":204575,"text":"When a petition is filed to remove a cloud on the title to real estate, relief shall not be denied the complainant because he has only an equitable title to such real estate and is out of possession, but the court shall grant to the complainant such relief as he would be entitled to if he held the legal title and was in possession. If an issue of fact is raised which but for this section would entitle either party to a trial by jury, the court shall, upon the request of the party so entitled, order such issue to be tried by a jury.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13392,"edition_id":1,"name":"Creation and Transfer of Estates","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13391,"metadata":{},"date_created":"2026-06-26 03:44:47","date_modified":"2026-06-26 03:44:47","permalink":{"id":244775,"object_type":"structure","relational_id":13392,"identifier":"1","token":"55.1\/I\/1\/1","url":"\/55.1\/I\/1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13391,"edition_id":1,"name":"Creation and Limitation of Estates","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":13327,"metadata":{},"date_created":"2026-06-26 03:44:47","date_modified":"2026-06-26 03:44:47","permalink":{"id":244773,"object_type":"structure","relational_id":13391,"identifier":"1","token":"55.1\/I\/1","url":"\/55.1\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13327,"edition_id":1,"name":"Property Conveyances","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":244771,"object_type":"structure","relational_id":13327,"identifier":"I","token":"55.1\/I","url":"\/55.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77235,"structure_id":13392,"section_number":"55.1-100","catch_line":"Aliens may acquire, hold, and transmit real estate; when reciprocity required","url":"\/55.1-100\/","token":"55.1\/I\/1\/1\/55.1-100","metadata":false},{"id":86622,"structure_id":13392,"section_number":"55.1-101","catch_line":"When deed or will necessary to convey estate; no parol partition or gift valid","url":"\/55.1-101\/","token":"55.1\/I\/1\/1\/55.1-101","metadata":false},{"id":58837,"structure_id":13392,"section_number":"55.1-102","catch_line":"When gift of personal property invalid","url":"\/55.1-102\/","token":"55.1\/I\/1\/1\/55.1-102","metadata":false},{"id":73850,"structure_id":13392,"section_number":"55.1-103","catch_line":"Suicide or attainder of felony","url":"\/55.1-103\/","token":"55.1\/I\/1\/1\/55.1-103","metadata":false},{"id":57140,"structure_id":13392,"section_number":"55.1-104","catch_line":"Estates to lie in grant as well as in livery","url":"\/55.1-104\/","token":"55.1\/I\/1\/1\/55.1-104","metadata":false},{"id":60899,"structure_id":13392,"section_number":"55.1-105","catch_line":"Same estates may be created by deed as by will","url":"\/55.1-105\/","token":"55.1\/I\/1\/1\/55.1-105","metadata":false},{"id":82993,"structure_id":13392,"section_number":"55.1-106","catch_line":"Power of disposal in life tenant not to defeat remainder unless exercised; power of disposal held by fiduciary","url":"\/55.1-106\/","token":"55.1\/I\/1\/1\/55.1-106","metadata":false},{"id":73010,"structure_id":13392,"section_number":"55.1-107","catch_line":"Default or surrender of tenant for life not to prejudice remainderman","url":"\/55.1-107\/","token":"55.1\/I\/1\/1\/55.1-107","metadata":false},{"id":68068,"structure_id":13392,"section_number":"55.1-108","catch_line":"Conveyance of estate or interest in property by grantor to himself and another","url":"\/55.1-108\/","token":"55.1\/I\/1\/1\/55.1-108","metadata":false},{"id":75340,"structure_id":13392,"section_number":"55.1-109","catch_line":"Deed valid for grantor's right; operation of warranty","url":"\/55.1-109\/","token":"55.1\/I\/1\/1\/55.1-109","metadata":false},{"id":77167,"structure_id":13392,"section_number":"55.1-110","catch_line":"Conveyance, devise, or grant without words of limitation","url":"\/55.1-110\/","token":"55.1\/I\/1\/1\/55.1-110","metadata":false},{"id":79552,"structure_id":13392,"section_number":"55.1-111","catch_line":"Fee tail converted into fee simple","url":"\/55.1-111\/","token":"55.1\/I\/1\/1\/55.1-111","metadata":false},{"id":54363,"structure_id":13392,"section_number":"55.1-112","catch_line":"Estate of freehold to one with remainder to heirs, etc.; rule in Shelley's Case abolished","url":"\/55.1-112\/","token":"55.1\/I\/1\/1\/55.1-112","metadata":false},{"id":58437,"structure_id":13392,"section_number":"55.1-113","catch_line":"Doctrine of worthier title abolished","url":"\/55.1-113\/","token":"55.1\/I\/1\/1\/55.1-113","metadata":false},{"id":66650,"structure_id":13392,"section_number":"55.1-114","catch_line":"When contingent remainder not to fail","url":"\/55.1-114\/","token":"55.1\/I\/1\/1\/55.1-114","metadata":false},{"id":74571,"structure_id":13392,"section_number":"55.1-115","catch_line":"When remainders not defeated","url":"\/55.1-115\/","token":"55.1\/I\/1\/1\/55.1-115","metadata":false},{"id":72162,"structure_id":13392,"section_number":"55.1-116","catch_line":"In what conveyances possession transferred to the use","url":"\/55.1-116\/","token":"55.1\/I\/1\/1\/55.1-116","metadata":false},{"id":81213,"structure_id":13392,"section_number":"55.1-117","catch_line":"Land trusts not to fail because no beneficiaries are specified by name and no duties laid on trustee; when interest of beneficiaries deemed personal property; liens","url":"\/55.1-117\/","token":"55.1\/I\/1\/1\/55.1-117","metadata":false},{"id":58561,"structure_id":13392,"section_number":"55.1-118","catch_line":"Deed of release effectual","url":"\/55.1-118\/","token":"55.1\/I\/1\/1\/55.1-118","metadata":false},{"id":82477,"structure_id":13392,"section_number":"55.1-119","catch_line":"When person not a party, etc., may take or sue under instrument","url":"\/55.1-119\/","token":"55.1\/I\/1\/1\/55.1-119","metadata":false},{"id":58160,"structure_id":13392,"section_number":"55.1-120","catch_line":"Informalities in deeds made by attorneys-in-fact","url":"\/55.1-120\/","token":"55.1\/I\/1\/1\/55.1-120","metadata":false},{"id":64272,"structure_id":13392,"section_number":"55.1-121","catch_line":"Time for objections to irregularities in advertising sales made by trustees","url":"\/55.1-121\/","token":"55.1\/I\/1\/1\/55.1-121","metadata":false},{"id":80003,"structure_id":13392,"section_number":"55.1-122","catch_line":"Recovery at death of life tenant of taxes paid on life estate","url":"\/55.1-122\/","token":"55.1\/I\/1\/1\/55.1-122","metadata":false},{"id":55842,"structure_id":13392,"section_number":"55.1-123","catch_line":"Removal of a cloud on title; nature of plaintiff's title","url":"\/55.1-123\/","token":"55.1\/I\/1\/1\/55.1-123","metadata":false}],"previous_section":{"id":80003,"structure_id":13392,"section_number":"55.1-122","catch_line":"Recovery at death of life tenant of taxes paid on life estate","url":"\/55.1-122\/","token":"55.1\/I\/1\/1\/55.1-122","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-123\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":244869,"object_type":"law","relational_id":55842,"identifier":"55.1-123","token":"55.1\/I\/1\/1\/55.1-123","url":"\/55.1-123\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-123\/","token":"55.1\/I\/1\/1\/55.1-123","dublin_core":{"Title":"Removal of a cloud on title; nature of plaintiff’s title","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-123","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When a petition<\/span> is filed to remove a cloud on the title to real estate, relief shall not be denied the complainant because he has only an equitable<\/span> title to such real estate and is out of possession<\/span>, but the court<\/span> shall grant to the complainant such relief as he would be entitled to if he held the legal title and was in possession<\/span>. If an issue<\/span> of fact<\/span> is raised which but for this section would entitle either party<\/span> to a trial<\/span> by jury<\/span>, the court<\/span> shall, upon the request of the party<\/span> so entitled, order<\/span> such issue<\/span> to be tried by a jury<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREMOVAL OF A CLOUD ON TITLE; NATURE OF PLAINTIFF’S TITLE (\u00a7 55.1-123)\n\nWhen a petition is filed to remove a cloud on the title to real estate, relief\nshall not be denied the complainant because he has only an equitable title to\nsuch real estate and is out of possession, but the court shall grant to the\ncomplainant such relief as he would be entitled to if he held the legal title\nand was in possession. If an issue of fact is raised which but for this section\nwould entitle either party to a trial by jury, the court shall, upon the request\nof the party so entitled, order such issue to be tried by a jury.\n\nHISTORY: Code 1919, \u00a7 6248; Code 1950, \u00a7 55-153; 2019, c. 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}