Virginia Statute of Limitations for Property Damage
In Virginia, the statute of limitations for property damage is 5 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 5 years from accrual.
- Statute: Va. Code § 8.01-243(B).
- Accrues when damage occurs.
What are property damage claims?
Claims for damage to real or personal property.
Details
Accrues when damage occurs.
General Virginia Rules
Virginia distinguishes between written contracts (5 years) and oral contracts (3 years). The state has a 2-year personal injury statute and a 10-year statute of repose for medical malpractice. Virginia does not broadly apply the discovery rule, except for medical malpractice and fraud claims.
Other Statutes of Limitations in Virginia
Property Damage in Other States
Frequently Asked Questions
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What is the statute of limitations for property damage in Virginia?
The statute of limitations for property damage in Virginia is 5 years. Citation: Va. Code § 8.01-243(B).
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When does the clock start for property damage in Virginia?
Accrues when damage occurs.
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Can the statute of limitations for property damage be extended in Virginia?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.