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

Codes > Code of Virginia > Title 8.01 > Chapter 3 : Article 9 > 8.01-81 Who

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

    Tenants in common, joint tenants, executors with the power to sell, and coparceners of real property, including mineral rights east and south of the Clinch River, shall be compellable to make partition and may compel partition, but in the case of an executor only if the power of sale is properly exercisable at that time under the circumstances; and a lien creditor or any owner of undivided estate in real estate may also compel partition for the purpose of subjecting the estate of his debtor or the rents and profits thereof to the satisfaction of his lien. Any court having general equity jurisdiction shall have jurisdiction in cases of partition; and in the exercise of such jurisdiction may take cognizance of all questions of law affecting the legal title that may arise in any proceedings, between such tenants in common, joint tenants, executors with the power to sell, coparceners and lien creditors.

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