{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-94.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-94.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-94.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-94.html"}],"law_id":69819,"edition_id":1,"section_id":69819,"structure_id":16493,"section_number":"8.01-94","catch_line":"When sold, leased or exchanged","history":"Code 1950, \u00a7 8-703.1; 1958, c. 271; 1977, c. 617; 1997, c. 801.","full_text":"Whenever an interest in property, real or personal, is held by a person, natural or artificial, with remainder or limitation over contingent upon any event, or for his life or for the life of another, and there is limited thereon any other estate, vested or contingent, to any other such person, whether in being or to be thereafter born or created in any manner whatsoever, such person holding an interest in the property so subject to remainder or limitation over or for his own life, or his committee, guardian, if a minor, or conservator, or, if the estate so held be for the life of another, then his heir or personal representative, as the case may be, may for the purpose of obtaining a sale or leasing or exchange of the fee simple interest or absolute estate in such property, if the sale or leasing or exchange thereof is not prohibited by the instrument creating the estate, and the remaindermen, or any of them, whether in being or hereafter to be born or created, are from any cause incapable at the time of filing the bill as herein provided or of giving their assent, or the remainder or limitation over is contingent or defeasible, file a bill in equity in the circuit court stating plainly the property to be sold or leased or exchanged and all facts calculated to show the propriety of such sale or lease or exchange. A like bill may be filed for the sale or leasing or exchange of the remainder in such estate by a remainderman, his guardian, conservator or committee. All persons interested in the property presently or contingently, other than the plaintiff, shall be made defendants, and if such remaindermen be not born or created at such time of filing such bill, such suit shall not for such cause abate, but such unborn person or uncreated artificial person shall be made defendant and subject to the decree of the court by the name of “person unknown or person yet to be born or created,” and the court shall upon the filing of such bill appoint a guardian ad litem to defend the interest of such unborn person or uncreated artificial person. If it be clearly shown independently of any admissions in the pleadings that the interest of the plaintiff will be promoted and the rights of no other person will be violated thereby, the court may decree a sale or lease or exchange of the property or any part thereof, or of the remainder therein. In case of a sale on credit, the court shall take ample security. If such sale on credit be of real estate, a lien thereon shall be reserved. The title to any land acquired in any exchange herein provided for shall be held and owned by the same persons in the same way, to the same extent and subject to the same conditions that they owned the land given in such exchange.","order_by":null,"text":{"0":{"id":252342,"text":"Whenever an interest in property, real or personal, is held by a person, natural or artificial, with remainder or limitation over contingent upon any event, or for his life or for the life of another, and there is limited thereon any other estate, vested or contingent, to any other such person, whether in being or to be thereafter born or created in any manner whatsoever, such person holding an interest in the property so subject to remainder or limitation over or for his own life, or his committee, guardian, if a minor, or conservator, or, if the estate so held be for the life of another, then his heir or personal representative, as the case may be, may for the purpose of obtaining a sale or leasing or exchange of the fee simple interest or absolute estate in such property, if the sale or leasing or exchange thereof is not prohibited by the instrument creating the estate, and the remaindermen, or any of them, whether in being or hereafter to be born or created, are from any cause incapable at the time of filing the bill as herein provided or of giving their assent, or the remainder or limitation over is contingent or defeasible, file a bill in equity in the circuit court stating plainly the property to be sold or leased or exchanged and all facts calculated to show the propriety of such sale or lease or exchange. A like bill may be filed for the sale or leasing or exchange of the remainder in such estate by a remainderman, his guardian, conservator or committee. All persons interested in the property presently or contingently, other than the plaintiff, shall be made defendants, and if such remaindermen be not born or created at such time of filing such bill, such suit shall not for such cause abate, but such unborn person or uncreated artificial person shall be made defendant and subject to the decree of the court by the name of “person unknown or person yet to be born or created,” and the court shall upon the filing of such bill appoint a guardian ad litem to defend the interest of such unborn person or uncreated artificial person. If it be clearly shown independently of any admissions in the pleadings that the interest of the plaintiff will be promoted and the rights of no other person will be violated thereby, the court may decree a sale or lease or exchange of the property or any part thereof, or of the remainder therein. In case of a sale on credit, the court shall take ample security. If such sale on credit be of real estate, a lien thereon shall be reserved. The title to any land acquired in any exchange herein provided for shall be held and owned by the same persons in the same way, to the same extent and subject to the same conditions that they owned the land given in such exchange.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":16493,"edition_id":1,"name":"Sale, Lease, or Exchange of Certain Estates in Property","identifier":"10","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 04:21:08","date_modified":"2026-06-26 04:21:08","permalink":{"id":279647,"object_type":"structure","relational_id":16493,"identifier":"10","token":"8.01\/3\/10","url":"\/8.01\/3\/10\/","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":69819,"structure_id":16493,"section_number":"8.01-94","catch_line":"When sold, leased or exchanged","url":"\/8.01-94\/","token":"8.01\/3\/10\/8.01-94","metadata":false},{"id":86789,"structure_id":16493,"section_number":"8.01-95","catch_line":"Procedure in such case","url":"\/8.01-95\/","token":"8.01\/3\/10\/8.01-95","metadata":false}],"next_section":{"id":86789,"structure_id":16493,"section_number":"8.01-95","catch_line":"Procedure in such case","url":"\/8.01-95\/","token":"8.01\/3\/10\/8.01-95","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-94\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. 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. Those modifications are as follows: in 1958, chapter 271; in 1977, chapter 617; in 1997, chapter 801<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":279649,"object_type":"law","relational_id":69819,"identifier":"8.01-94","token":"8.01\/3\/10\/8.01-94","url":"\/8.01-94\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-94\/","token":"8.01\/3\/10\/8.01-94","dublin_core":{"Title":"When sold, leased or exchanged","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-94","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Whenever an interest in property, real or personal, is held by a person<\/span>, natural or artificial, with remainder or limitation over contingent upon any event, or for his life or for the life of another, and there is limited thereon any other estate, vested or contingent, to any other such person<\/span>, whether in being or to be thereafter born or created in any manner whatsoever, such person<\/span> holding an interest in the property so subject to remainder or limitation over or for his own life, or his committee, guardian, if a minor<\/span>, or conservator, or, if the estate so held be for the life of another, then his heir or personal representative, as the case may be, may for the purpose of obtaining a sale or leasing or exchange of the fee simple interest or absolute estate in such property, if the sale or leasing or exchange thereof is not prohibited by the instrument creating the estate, and the remaindermen, or any of them, whether in being or hereafter to be born or created, are from any cause incapable at the time of filing the bill as herein provided or of giving their assent, or the remainder or limitation over is contingent or defeasible, file a bill in equity<\/span> in the circuit<\/span> court<\/span> stating plainly the property to be sold or leased or exchanged and all facts<\/span> calculated to show the propriety of such sale or lease or exchange. A like bill may be filed for the sale or leasing or exchange of the remainder in such estate by a remainderman, his guardian, conservator or committee. All persons<\/span> interested in the property presently or contingently, other than the plaintiff<\/span>, shall be made defendants<\/span>, and if such remaindermen be not born or created at such time of filing such bill, such suit<\/span> shall not for such cause abate, but such unborn person<\/span> or uncreated artificial person<\/span> shall be made defendant<\/span> and subject to the decree<\/span> of the court<\/span> by the name of “person<\/span> unknown or person<\/span> yet to be born or created,” and the court<\/span> shall upon the filing of such bill appoint a guardian ad litem<\/span> to defend the interest of such unborn person<\/span> or uncreated artificial person<\/span>. If it be clearly shown independently of any admissions in the pleadings<\/span> that the interest of the plaintiff<\/span> will be promoted and the rights of no other person<\/span> will be violated thereby, the court<\/span> may decree<\/span> a sale or lease or exchange of the property or any part thereof, or of the remainder therein. In case of a sale on credit, the court<\/span> shall take ample security. If such sale on credit be of real estate, a lien<\/span> thereon shall be reserved. The title to any land acquired in any exchange herein provided for shall be held and owned by the same persons<\/span> in the same way, to the same extent and subject to the same conditions that they owned the land given in such exchange.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN SOLD, LEASED OR EXCHANGED (\u00a7 8.01-94)\n\nWhenever an interest in property, real or personal, is held by a person, natural\nor artificial, with remainder or limitation over contingent upon any event, or\nfor his life or for the life of another, and there is limited thereon any other\nestate, vested or contingent, to any other such person, whether in being or to\nbe thereafter born or created in any manner whatsoever, such person holding an\ninterest in the property so subject to remainder or limitation over or for his\nown life, or his committee, guardian, if a minor, or conservator, or, if the\nestate so held be for the life of another, then his heir or personal\nrepresentative, as the case may be, may for the purpose of obtaining a sale or\nleasing or exchange of the fee simple interest or absolute estate in such\nproperty, if the sale or leasing or exchange thereof is not prohibited by the\ninstrument creating the estate, and the remaindermen, or any of them, whether in\nbeing or hereafter to be born or created, are from any cause incapable at the\ntime of filing the bill as herein provided or of giving their assent, or the\nremainder or limitation over is contingent or defeasible, file a bill in equity\nin the circuit court stating plainly the property to be sold or leased or\nexchanged and all facts calculated to show the propriety of such sale or lease\nor exchange. A like bill may be filed for the sale or leasing or exchange of the\nremainder in such estate by a remainderman, his guardian, conservator or\ncommittee. All persons interested in the property presently or contingently,\nother than the plaintiff, shall be made defendants, and if such remaindermen be\nnot born or created at such time of filing such bill, such suit shall not for\nsuch cause abate, but such unborn person or uncreated artificial person shall be\nmade defendant and subject to the decree of the court by the name of\n“person unknown or person yet to be born or created,” and the court\nshall upon the filing of such bill appoint a guardian ad litem to defend the\ninterest of such unborn person or uncreated artificial person. If it be clearly\nshown independently of any admissions in the pleadings that the interest of the\nplaintiff will be promoted and the rights of no other person will be violated\nthereby, the court may decree a sale or lease or exchange of the property or any\npart thereof, or of the remainder therein. In case of a sale on credit, the\ncourt shall take ample security. If such sale on credit be of real estate, a\nlien thereon shall be reserved. The title to any land acquired in any exchange\nherein provided for shall be held and owned by the same persons in the same way,\nto the same extent and subject to the same conditions that they owned the land\ngiven in such exchange.\n\nHISTORY: Code 1950, \u00a7 8-703.1; 1958, c. 271; 1977, c. 617; 1997, c. 801.","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}}