Code of Virginia - Title 55 Property And Conveyances - Chapter 1 Creation And Limitation Of Estates; Their Qualities
- 55-1 Aliens may acquire, hold and transmit real estate; when reciprocity required
Any alien, not an enemy, may acquire by purchase or descent and hold real estate in this Commonwealth; and the same shall be transmitted in ...
- 55-2 When deed or will necessary to convey estate; no parol partition or gift valid
No estate of inheritance or freehold or for a term of more than five years in lands shall be conveyed unless by deed or will, ...
- 55-3 When gift of goods or chattels invalid
No gift of any goods or chattels shall be valid unless by deed or will, or unless actual possession shall have come to and remained ...
- 55-4 Suicide or attainder
No suicide, nor attainder of felony, shall work a corruption of blood or forfeiture of estate. (Code 1919, § 4762.) ...
- 55-5 Estates to lie in grant as well as in livery
All real estate shall, as regards the conveyance of the immediate freehold thereof, be deemed to lie in grant as well as in livery. (Code ...
- 55-6 Same estates may be created by deed as by will
Any interest in or claim to real estate, including easements in gross, may be disposed of by deed or will. Any estate may be made ...
- 55-7 Power of disposal in life tenant not to defeat remainder unless exercised; power of disposal held b...
If any interest in or claim to real estate or personal property be disposed of by deed or will for life, with a limitation in ...
- 55-7.1 , 55-7.2
Repealed by Acts 2005, c. 935, cl. 3, effective July 1, 2006. ...
- 55-8 Default or surrender of tenant for life not to prejudice remainderman, etc
If any tenant for life of land make default, or surrender, the heirs, or those entitled to the remainder, may, before judgment, be admitted to ...
- 55-9 Conveyance of estate or interest in property by grantor to himself and another
Any person having an estate or interest in real or personal property may convey the same to himself or to himself and another or others, ...
- 55-10 Deed good for grantor's right; operation of warranty
A writing which purports to pass or assure a greater right or interest in real estate than the person making it may lawfully pass or ...
- 55-11 Grant, etc., without words of limitation
When any real estate is conveyed, devised or granted to any person without any words of limitation such devise, conveyance or grant shall be construed ...
- 55-12 Fee tail converted into fee simple
Every estate in lands so limited that, as the law was on October 7, 1776, such estate would have been an estate tail shall be ...
- 55-12.1 Uniform Statutory Rule Against Perpetuities
A. A nonvested property interest is invalid unless: 1. When the interest is created, it is certain to vest or terminate no later than twenty-one ...
- 55-12.2 When nonvested property interest or power of appointment created
A. Except as provided in subsections B and C and in § 55-12.5, the time of creation of a nonvested property interest or a power ...
- 55-12.3 Reformation
Upon the petition of an interested person, a court of equity in the county or city wherein the affected property or the greater part thereof ...
- 55-12.4 Exclusions from statutory rule against perpetuities
Section 55-12.1 does not apply to: 1. A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested ...
- 55-12.5 Prospective application
Sections 55-12.1 through 55-12.6 apply to a nonvested property interest or a power of appointment that is created on or after July 1, 2000. For ...
- 55-12.6 Uniformity of application and construction
Sections 55-12.1 through 55-12.6 shall be applied and construed to effectuate their general purpose to make the law uniform with respect to the rule against ...
- 55-13 Certain limitations construed
Every limitation in any deed or will contingent upon the dying of any person without heirs, heirs of the body, issue, issue of the body, ...
- 55-13.1 Employee trusts
Pension, profit sharing, stock bonus, annuity or other employee trusts heretofore or hereafter established by employers for the purpose of distributing the income and principal ...
- 55-13.2 Determination of "lives in being" for purpose of rule against perpetuities
A. For the purpose of determining whether the terms of an "inter vivos" trust provide for a duration in excess of that allowed under the ...
- 55-13.3 Application of the rule against perpetuities to nondonative transfers
A. Except for the transactions set forth in § 55-12.4, which are governed by the provisions of §§ 55-12.1 through 55-12.6, a nondonative transfer of ...
- 55-14 Estate of freehold to one with remainder to heirs, etc.; rule in Shelley's Case abolished
Wherever any person by deed, will or other writing takes an estate of freehold in land, or takes such an estate in personal property as ...
- 55-14.1 Doctrine of worthier title abolished
The doctrine of worthier title is abolished in this Commonwealth as a rule of law and as a rule of construction. (2007, c. 215.) ...
- 55-15 When contingent remainder not to fail
A contingent remainder shall in no case fail for want of a particular estate to support it. (Code 1919, § 5153.) ...
- 55-16 When remainders not defeated
The alienation of a particular estate on which a remainder depends, or the union of such estate with the inheritance by purchase or descent, shall ...
- 55-17 In what conveyances possession transferred to the use
By deed of bargain and sale, or by deeds of lease and release, or by covenant to stand seized to the use, or deed operating ...
- 55-17.1 Trusts not to fail because no beneficiaries are specified by name and no duties laid on trustee; wh...
No trust relating to real estate shall fail nor shall any use relating to real estate be defeated because no beneficiaries are specified by name ...
- 55-18 Deed of release effectual
Every deed of release of any estate or interest capable of passing by deeds of lease or release shall be as effectual for the purposes ...
- 55-19 Description unavailable
Repealed by Acts 2005, c. 935, cl. 3, effective July 1, 2006. ...
- 55-19.1 Description unavailable
Repealed by Acts 1990, c. 927. ...
- 55-19.2 Description unavailable
Repealed by Acts 1991, c. 415. ...
- 55-19.3 , 55-19.4
Repealed by Acts 2005, c. 935, cl. 3, effective July 1, 2006. ...
- 55-19.5 Provision in certain trust void
A. Except as provided in subsection B, a provision in any inter vivos trust created for the benefit of the grantor which provides directly or ...
- 55-20 Survivorship between joint tenants abolished
When any joint tenant dies, before or after the vesting of the estate, whether the estate is real or personal, or whether partition could have ...
- 55-20.1 Joint ownership in real and personal property
Any persons may own real or personal property as joint tenants with or without a right of survivorship. When any person causes any real or ...
- 55-20.2 Tenants by the entireties in real and personal property; certain trusts
A. Any husband and wife may own real or personal property as tenants by the entireties. Personal property may be owned as tenants by the ...
- 55-21 Exceptions to { 55-20
Section 55-20 shall not apply to any estate which joint tenants have as fiduciaries, nor to any real or personal property transferred to persons in ...
- 55-22 When person not a party, etc., may take or sue under instrument
An immediate estate or interest in or the benefit of a condition respecting any estate may be taken by a person under an instrument, although ...
- 55-23 Informalities in deeds made by attorneys-in-fact
If, in a deed made by one as attorney-in-fact for another, the words of conveyance or the signature be in the name of the attorney, ...
- 55-24 Time for objections to irregularities in advertising sales made by trustees
All deeds made and executed prior to January 1, 1940, by trustees conveying property sold under deeds of trust in which default was made in ...
- 55-25 Recovery at death of life tenant of taxes paid on life estate
When any person dies possessed of a life estate in real estate which was assessed with taxes in the name of such life tenant for ...
- 55-25.1 Exercise of special powers of appointment
If, but only if, the instrument creating a special power of appointment does not manifest a contrary intent of the donor, the donee of such ...
Last modified: April 3, 2009