Virginia Statewide Rule
Virginia Squatters and Adverse Possession Law
Key Facts
- Adverse possession period
- 15 years (§ 8.01-236)
- Possession requirements
- Actual, open, hostile, exclusive, continuous
- Property taxes
- Not required for a claim
- Tacking
- Successive occupants may combine periods
- Owner remedy
- Unlawful detainer; 3-year limit (§ 8.01-124)
Summary
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.
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 such person or to some other person through whom he claims; provided that an action for unlawful entry or detainer under § 8.01-124 shall be brought within three years after such entry or detainer.
Full Breakdown
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).
Violations & Penalties
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.
Frequently Asked Questions
How long must a squatter occupy property to claim it in Virginia?
How does a Virginia owner remove a squatter?
Sources
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