Virginia § 55.1-123 Removal of a cloud on title; nature of plaintiff's title

Virginia Statutes

§ 55.1-123 — Removal of a cloud on title; nature of plaintiff's title

Virginia § 55.1-123

JurisdictionVirginia

Title 55.1Property and Conveyances

Subtitle IProperty Conveyances

Ch. 1Creation and Limitation of Estates

Art. 1Creation and Transfer of Estates

This text of Virginia § 55.1-123 (Removal of a cloud on title; nature of plaintiff's title) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 55.1-123 (2026).

Text

When a petition is filed to remove a cloud on the title to real estate, relief shall not be denied the complainant because he has only an equitable title to such real estate and is out of possession, but the court shall grant to the complainant such relief as he would be entitled to if he held the legal title and was in possession. If an issue of fact is raised which but for this section would entitle either party to a trial by jury, the court shall, upon the request of the party so entitled, order such issue to be tried by a jury.

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When a petition is filed to remove a cloud on the title to real estate, relief shall not be denied the complainant because he has only an equitable title to such real estate and is out of possession, but the court shall grant to the complainant such relief as he would be entitled to if he held the legal title and was in possession. If an issue of fact is raised which but for this section would entitle either party to a trial by jury, the court shall, upon the request of the party so entitled, order such issue to be tried by a jury.