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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>69819</law_id><section_number>8.01-94</section_number><catch_line>When sold, leased or exchanged</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="8.01">Civil Remedies and Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="3">Actions</unit><unit label="article" level="3" order_by="1" identifier="10">Sale, Lease, or Exchange of Certain Estates in Property</unit></structure><text>
						<section><p>Whenever an interest in property, real or personal, is held by a <span class="dictionary">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 <span class="dictionary">person</span>, whether in being or to be thereafter born or created in any manner whatsoever, such <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">bill in equity</span> in the <span class="dictionary">circuit</span> <span class="dictionary">court</span> stating plainly the property to be sold or leased or exchanged and all <span class="dictionary">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 <span class="dictionary">persons</span> interested in the property presently or contingently, other than the <span class="dictionary">plaintiff</span>, shall be made <span class="dictionary">defendants</span>, and if such remaindermen be not born or created at such time of filing such bill, such <span class="dictionary">suit</span> shall not for such cause abate, but such unborn <span class="dictionary">person</span> or uncreated artificial <span class="dictionary">person</span> shall be made <span class="dictionary">defendant</span> and subject to the <span class="dictionary">decree</span> of the <span class="dictionary">court</span> by the name of &#x201C;<span class="dictionary">person</span> unknown or <span class="dictionary">person</span> yet to be born or created,&#x201D; and the <span class="dictionary">court</span> shall upon the filing of such bill appoint a <span class="dictionary">guardian ad litem</span> to defend the interest of such unborn <span class="dictionary">person</span> or uncreated artificial <span class="dictionary">person</span>. If it be clearly shown independently of any admissions in the <span class="dictionary">pleadings</span> that the interest of the <span class="dictionary">plaintiff</span> will be promoted and the rights of no other <span class="dictionary">person</span> will be violated thereby, the <span class="dictionary">court</span> may <span class="dictionary">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 <span class="dictionary">court</span> shall take ample security. If such sale on credit be of real estate, a <span class="dictionary">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 <span class="dictionary">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></text><history>Code 1950, &#xA7; 8-703.1; 1958, c. 271; 1977, c. 617; 1997, c. 801.</history><metadata></metadata></law>
