Virginia · TitleVirginia adverse possession: the fifteen-year limit on recovering land
Virginia sets the time limit that adverse possession runs against: no person may make an entry on, or bring an action to recover, any land unless within fifteen years after the right to do so first accrued to that person or to someone through whom the person claims. An action for unlawful entry or detainer must be brought within three years after the entry or detainer (Code §8.01-236). For a closing, the practical question is whether someone other than the seller – a neighbor with a fence or an occupant – has been in possession long enough that the seller could no longer recover the land, which the title company and a survey address.
What the statute sets
Fifteen years (§8.01-236)
No entry on or action to recover land after fifteen years from when the right first accrued.
Through predecessors
The period counts from accrual to the claimant or anyone the claimant claims through.
Unlawful entry or detainer
Three years after the entry or detainer.
What the TC does when a boundary or occupancy issue appears
- Order a survey if the contract allows and flag any fence or improvement over the line.
- Send the survey and any occupant information to the settlement agent and title company.
- Ask the title company whether it will insure over the issue or needs a boundary agreement first.
Questions about Virginia adverse possession
How long is the adverse possession period in Virginia?
Fifteen years: no one may enter on or sue to recover land more than fifteen years after the right first accrued to them or to someone they claim through (Code §8.01-236).
Related guides
Add the survey and any boundary agreement as tasks on the deal in ClosingCode.
Start free trialSource: Code of Virginia §8.01-236 (law.lis.virginia.gov), read October 29, 2026.
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.