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Virginia Statewide Rule

Virginia Squatters and Adverse Possession Law

Few RestrictionsApplies statewide across Virginia (2026)

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)
Last verified: August 21, 2026

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?
At least 15 years of continuous, open, hostile, exclusive, and actual possession under Va. Code § 8.01-236, one of the longest adverse-possession periods in the United States.
How does a Virginia owner remove a squatter?
The owner files an unlawful entry or detainer action in court, which must generally be brought within three years under § 8.01-124. Self-help removal is not permitted, but mere occupancy gives no ownership before the 15-year period runs.

Sources

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