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1999 SESSION
980737727Be it enacted by the General Assembly of Virginia:
1. That § 8.01-81 of the Code of Virginia is amended and reenacted as follows:
§ 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.