8.01-140 - Effect of reservation in deed; burden of proof. - Virginia Statutes

§ 8.01-140. Effect of reservation in deed; burden of proof.

In any action, suit or other judicial proceeding involving the title to landembraced in the exterior boundaries of any patent, deed or other writing,which reserves one or more parcels of land from the operation of such patent,deed or other writing, if there be no claim made by a party to theproceedings that the land in controversy, or any part thereof, lies withinsuch reservation, such patent, deed or other writing shall be construed, andshall have the same effect, as if it contained no such reservation; and ifany party to such proceeding claims that the land in controversy, or any partthereof, lies within such reservation, the burden shall be upon him to provethe fact, and all land not shown by a preponderance of the evidence to liewithin such reservation shall be deemed to lie without the same.

This section shall apply in cases involving the right to the proceeds of anysuch land when condemned or sold, as well as in cases where the title to landis directly involved, and shall apply in any case in which the title to anypart of the land, or its proceeds, but for this section, would or might be inthis Commonwealth.

(Code 1950, § 8-810; 1977, c. 617.)