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Home » US Law » 2022 Code of Virginia » Title 41.1 - Land Office

§ 41.1-10. Same; order of court for survey

When the suit is ready for hearing, the court may make an order of survey, to be executed by such person as the court may appoint, requiring a complete survey and plat of the land in question to be made and returned, showing its connection with conterminous tracts, and any other circumstances necessary for its […]

§ 41.1-11. Same; when and how testimony taken

Upon the return of such survey and plat, testimony may be taken as in other suits in equity, but no notice of the taking of such testimony need be given to any defendant who has not appeared and answered the bill. Code 1950, § 41-70; 1970, c. 291.

§ 41.1-12. Same; ownership certified by court; order as to costs

If, upon such survey and plat, and upon the other facts in the cause, the court shall be clearly satisfied of the ownership of the tract or parcel of land shown by such survey and plat, and that there is no controversy about such ownership, it shall certify the same of record, and shall make […]

§ 41.1-13. Bill in equity for repeal of grant

The Commonwealth, or any other party desiring to repeal, in whole or in part, any grant of land because it was obtained by fraud, or issued contrary to law, or to the prejudice of such party’s equitable right, may file a bill in equity for that purpose in the circuit court of the county, or […]

§ 41.1-15. Recording decree of repeal

Any decree for such repeal, in whole or in part, shall be certified to the Librarian of Virginia, and shall thereupon be recorded by the Librarian of Virginia in the manner prescribed in § 55.1-2423. Code 1950, § 41-77; 1970, c. 291; 1982, c. 565; 1998, c. 427.

§ 41.1-17. Same; time and place of hearing

Upon the docketing of the motion, the court shall set a time and place to hear the merits of the proceeding. Such hearing shall be held not less than thirty nor more than sixty days from the date upon which the same was filed. Code 1950, § 41-85; 1952, c. 185; 1970, c. 291.

§ 41.1-18. Same; subsequent proceedings; disposition of proceeds of sale

Thereafter the proceedings shall conform, mutatis mutandis, to the provisions of Article 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1 but on the motion of any party the sale of such land shall be public. From the proceeds of sale, after the expenses of suit and other costs incident to the sale, […]

§ 41.1-19. Same; proceedings by governing body of county or city

The governing body of the county or city in which any waste or unappropriated land lies may, without deposit of costs, initiate proceedings under this chapter to have such lands sold under the provisions hereof. Code 1950, § 41-88; 1952, c. 185; 1970, c. 291.

§ 41.1-20. Same; sale extinguishes title and interest of Commonwealth

All right, title and interest of the Commonwealth, except as shown by an instrument recorded in the clerk’s office of the court of the city or county in which deeds are admitted to record in which land is sold under the provisions hereof shall be extinguished by such sale. Code 1950, § 41-89; 1952, c. […]

§ 41.1-5. Circuit courts authorized to dispose of waste and unappropriated lands

The circuit courts of the counties and cities in which waste and unappropriated lands are alleged to lie are vested with authority to sell and dispose thereof in proceedings brought under §§ 41.1-16 through 41.1-20; however, no sale or disposition shall be made of lands mentioned in § 28.2-1200 or of lands as to which […]