8.01-255.1 - Limitation of action for breach of condition subsequent or termination of determinable fee simple estate.
§ 8.01-255.1. Limitation of action for breach of condition subsequent ortermination of determinable fee simple estate.
No person shall commence an action for the recovery of lands, nor make anentry thereon, by reason of a breach of a condition subsequent, or by reasonof the termination of an estate of fee simple determinable, unless the actionis commenced or entry is made within ten years after breach of the conditionor within ten years from the time when the estate of fee simple determinablehas been terminated. Where there has been a breach of a condition subsequentor termination of an estate fee simple determinable which occurred prior toJuly 1, 1965, recovery of the lands, or an entry may be made thereon by theowner of a right of entry or possibility of reverter, by July 1, 1977.Possession of land after breach of a condition subsequent or aftertermination of an estate of fee simple determinable shall be deemed adverseand hostile from the first breach of a condition subsequent or from theoccurrence of the event terminating an estate of fee simple determinable.
(Code 1950, § 8-5.1; 1975, c. 136; 1977, c. 617.)