8.01-81 - Who may compel partition of land; jurisdiction; validation of certain partitions of mineral rights. - Virginia Statutes

§ 8.01-81. Who may compel partition of land; jurisdiction; validation ofcertain partitions of mineral rights.

Tenants in common, joint tenants, executors with the power to sell, andcoparceners of real property, including mineral rights east and south of theClinch River, shall be compellable to make partition and may compelpartition, but in the case of an executor only if the power of sale isproperly exercisable at that time under the circumstances; and a liencreditor or any owner of undivided estate in real estate may also compelpartition for the purpose of subjecting the estate of his debtor or the rentsand profits thereof to the satisfaction of his lien. Any court having generalequity jurisdiction shall have jurisdiction in cases of partition; and in theexercise of such jurisdiction may take cognizance of all questions of lawaffecting the legal title that may arise in any proceedings, between suchtenants in common, joint tenants, executors with the power to sell,coparceners and lien creditors.

All partitions of mineral rights heretofore had, are hereby validated.

(Code 1950, § 8-690; 1964, c. 167; 1968, c. 412; 1977, c. 617; 1984, c. 226.)