{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-166.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-166.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-166.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-166.html"}],"law_id":58254,"edition_id":1,"section_id":58254,"structure_id":14885,"section_number":"8.01-166","catch_line":"How defendant may apply therefor, and have judgment suspended","history":"Code 1950, \u00a7 8-842; 1977, c. 617.","full_text":"Any defendant against whom a decree or judgment shall be rendered for land, when no assessment of damages has been made under Article 14 (\u00a7 8.01-131 et seq.) of this chapter, may, at any time before the execution of the decree or judgment, present a pleading to the court rendering such decree or judgment, stating that he, or those under whom he claims while holding the premises under a title believed by him or them to have been good, have made permanent improvements thereon, and moving that he should have an allowance for the same which are over and above the value of the use and occupation of such land; and thereupon the court may, if satisfied of the probable truth of the allegation, suspend the execution of the judgment or decree, and impanel a jury to assess the damages of the plaintiff, and the allowances to the defendant for such improvements.","order_by":null,"text":{"0":{"id":213439,"text":"Any defendant against whom a decree or judgment shall be rendered for land, when no assessment of damages has been made under Article 14 (\u00a7 8.01-131 et seq.) of this chapter, may, at any time before the execution of the decree or judgment, present a pleading to the court rendering such decree or judgment, stating that he, or those under whom he claims while holding the premises under a title believed by him or them to have been good, have made permanent improvements thereon, and moving that he should have an allowance for the same which are over and above the value of the use and occupation of such land; and thereupon the court may, if satisfied of the probable truth of the allegation, suspend the execution of the judgment or decree, and impanel a jury to assess the damages of the plaintiff, and the allowances to the defendant for such improvements.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14885,"edition_id":1,"name":"Improvements","identifier":"15","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:50:33","date_modified":"2026-06-26 03:50:33","permalink":{"id":280003,"object_type":"structure","relational_id":14885,"identifier":"15","token":"8.01\/3\/15","url":"\/8.01\/3\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58254,"structure_id":14885,"section_number":"8.01-166","catch_line":"How defendant may apply therefor, and have judgment suspended","url":"\/8.01-166\/","token":"8.01\/3\/15\/8.01-166","metadata":false},{"id":57485,"structure_id":14885,"section_number":"8.01-167","catch_line":"How damages of plaintiff assessed","url":"\/8.01-167\/","token":"8.01\/3\/15\/8.01-167","metadata":false},{"id":68222,"structure_id":14885,"section_number":"8.01-168","catch_line":"For what time","url":"\/8.01-168\/","token":"8.01\/3\/15\/8.01-168","metadata":false},{"id":87427,"structure_id":14885,"section_number":"8.01-169","catch_line":"How value of improvements determined in favor of defendant","url":"\/8.01-169\/","token":"8.01\/3\/15\/8.01-169","metadata":false},{"id":63477,"structure_id":14885,"section_number":"8.01-170","catch_line":"If allowance for improvements exceed damages, what to be done","url":"\/8.01-170\/","token":"8.01\/3\/15\/8.01-170","metadata":false},{"id":59183,"structure_id":14885,"section_number":"8.01-171","catch_line":"Verdict for balance, after offsetting damages against improvements","url":"\/8.01-171\/","token":"8.01\/3\/15\/8.01-171","metadata":false},{"id":69621,"structure_id":14885,"section_number":"8.01-172","catch_line":"Balance for defendant a lien on the land","url":"\/8.01-172\/","token":"8.01\/3\/15\/8.01-172","metadata":false},{"id":64431,"structure_id":14885,"section_number":"8.01-173","catch_line":"How tenant for life, paying for improvements, reimbursed","url":"\/8.01-173\/","token":"8.01\/3\/15\/8.01-173","metadata":false},{"id":62605,"structure_id":14885,"section_number":"8.01-174","catch_line":"Exception as to mortgagees and trustees","url":"\/8.01-174\/","token":"8.01\/3\/15\/8.01-174","metadata":false},{"id":81831,"structure_id":14885,"section_number":"8.01-175","catch_line":"When plaintiff may require his estate only to be valued; how determined; how he may elect to relinquish his title to defendant","url":"\/8.01-175\/","token":"8.01\/3\/15\/8.01-175","metadata":false},{"id":58300,"structure_id":14885,"section_number":"8.01-176","catch_line":"How payment of such value to be made by defendant; when land sold therefor","url":"\/8.01-176\/","token":"8.01\/3\/15\/8.01-176","metadata":false},{"id":60809,"structure_id":14885,"section_number":"8.01-177","catch_line":"When such value to be deemed real estate","url":"\/8.01-177\/","token":"8.01\/3\/15\/8.01-177","metadata":false},{"id":56832,"structure_id":14885,"section_number":"8.01-178","catch_line":"When and how defendant, if evicted, may recover from plaintiff amount paid","url":"\/8.01-178\/","token":"8.01\/3\/15\/8.01-178","metadata":false}],"next_section":{"id":57485,"structure_id":14885,"section_number":"8.01-167","catch_line":"How damages of plaintiff assessed","url":"\/8.01-167\/","token":"8.01\/3\/15\/8.01-167","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-166\/","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 1977, chapter 617.<\/p>","references":[{"id":77740,"section_number":"8.01-161","catch_line":"How allowed","order_by":null,"url":"\/8.01-161\/"}],"refers_to":[{"id":67166,"section_number":"8.01-131","catch_line":"Action of ejectment retained; when and by whom brought","order_by":null,"url":"\/8.01-131\/"}],"permalink":{"id":280005,"object_type":"law","relational_id":58254,"identifier":"8.01-166","token":"8.01\/3\/15\/8.01-166","url":"\/8.01-166\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-166\/","token":"8.01\/3\/15\/8.01-166","dublin_core":{"Title":"How defendant may apply therefor, and have judgment suspended","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-166","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any defendant<\/span> against whom a decree<\/span> or judgment<\/span> shall be rendered for land, when no assessment of damages<\/span> has been made under Article 14 (\u00a7 8.01-131<\/a> et seq.) of this chapter, may, at any time before the execution of the decree<\/span> or judgment<\/span>, present a pleading to the court<\/span> rendering such decree<\/span> or judgment<\/span>, stating that he, or those under whom he claims while holding the premises under a title believed by him or them to have been good, have made permanent improvements thereon, and moving that he should have an allowance for the same which are over and above the value of the use and occupation of such land; and thereupon the court<\/span> may, if satisfied of the probable truth of the allegation<\/span>, suspend the execution of the judgment<\/span> or decree<\/span>, and impanel a jury<\/span> to assess the damages<\/span> of the plaintiff<\/span>, and the allowances to the defendant<\/span> for such improvements.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHOW DEFENDANT MAY APPLY THEREFOR, AND HAVE JUDGMENT SUSPENDED (\u00a7 8.01-166)\n\nAny defendant against whom a decree or judgment shall be rendered for land, when\nno assessment of damages has been made under Article 14 (\u00a7 8.01-131 et seq.) of\nthis chapter, may, at any time before the execution of the decree or judgment,\npresent a pleading to the court rendering such decree or judgment, stating that\nhe, or those under whom he claims while holding the premises under a title\nbelieved by him or them to have been good, have made permanent improvements\nthereon, and moving that he should have an allowance for the same which are over\nand above the value of the use and occupation of such land; and thereupon the\ncourt may, if satisfied of the probable truth of the allegation, suspend the\nexecution of the judgment or decree, and impanel a jury to assess the damages of\nthe plaintiff, and the allowances to the defendant for such improvements.\n\nHISTORY: Code 1950, \u00a7 8-842; 1977, c. 617.","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}}