Home› State Guides› Virginia› Trespass to Land

What Is the Statute of Limitations for Trespass in Virginia?

In Virginia, the statute of limitations for trespass is generally 5 years under Va. Code § 8.01-243(B).

5 YEARS
Trespass to Land · Virginia
✓ Verified Checked Sep 2026

Trespass Deadlines in Virginia

How long do you have to file a trespass claim in Virginia?

In Virginia, the statute of limitations for trespass is generally 5 years under Va. Code § 8.01-243(B).

When does the clock start for trespass in Virginia?

Five years, as an action for injury to property.

Can the Virginia deadline for trespass be extended?

A continuing trespass can give rise to successive claims. An action to recover real property runs on a separate and longer track.

Is the deadline different if the claim is against the government in Virginia?

Often, yes. Written notice within 1 year (6 months for localities) under Va. Code §§ 8.01-195.6, 15.2-209. Under the Virginia Tort Claims Act, written notice of a claim against the Commonwealth must be filed within one year of accrual (§ 8.01-195.6). Claims against a city, town, or county require notice within six months under § 15.2-209. The two regimes are separa…

How does Virginia compare to other states for trespass?

Virginia's 5 years is in the middle of the range nationally. Across the 48 jurisdictions with a verified figure, the deadline for trespass ranges from 2 years to 10 years, and 3 years is the most common. Compare all states →

What Does Trespass to Land Cover?

Situations that typically fall under the trespass deadline in Virginia:

01 Unauthorized entry onto private property
02 Encroaching structures or fences
03 Interference with use of real property
04 Unauthorized removal of timber or resources
Advertisement
Legal Forms

Other Filing Deadlines in Virginia

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed Virginia attorney can tell you the deadline that applies to your situation.
See every filing deadline in Virginia, or compare trespass across all states.
Case Evaluation

Get Help in Virginia

Fill out the form below and a legal resource in Virginia may be able to assist with your situation.

* Required. Phone, text and email consent are optional.