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).
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:
