Under Va. Code § 8.01-236, a person must take action to recover land within 15 years after the right accrues, so an occupant claiming title by adverse possession must hold the property continuously for at least 15 years. A landlord uses an unlawful detainer action, not adverse-possession rules, to remove a holdover tenant or trespasser.
Va. Code § 8.01-236 sets Virginia's adverse-possession period: "No person shall make an entry on, or bring an action to recover, any land unless within fifteen years next after the time at which the right to make such entry or bring such action shall have first accrued." To gain title a claimant must show possession that is actual, open, exclusive, hostile, and continuous for the full 15 years; Virginia imposes no property-tax-payment requirement, and successive occupants may sometimes "tack" their periods together. This is one of the longest adverse-possession periods in the nation. A squatter or holdover tenant does not obtain ownership simply by occupying; the owner removes them through an unlawful entry or detainer action, which must generally be brought within three years (§ 8.01-124).
No statutory penalty for an adverse-possession claim itself. An owner defeats a squatter by bringing an unlawful entry or detainer action within the limitation period; a successful 15-year adverse-possession claim transfers title and bars the prior owner's recovery.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Fairfax, VA
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