For the purpose of this chapter, a well, excavation, sidewalk, driveway, pavement, parking lot, retaining wall, curb and/or gutter, breakwater (either salt or fresh water), underground or field-constructed above-ground storage tank and connected dispensing equipment, water system, drainage structure, filtering system (including septic or waste disposal systems) or swimming pool shall be deemed a structure permanently annexed to the freehold, and all shrubbery, earth, sod, sand, gravel, brick, stone, tile, pipe or other materials, together with the reasonable rental or use value of equipment and any surveying, grading, clearing or earth moving required for the improvement of the grounds upon which such building or structure is situated shall be deemed to be materials furnished for the improvement of such building or structure and permanently annexed to the freehold.
Va. Code Ann. § 43-2
Structures, materials, etc., deemed permanently annexed to freehold
Applied in 4 court decisions — leading case Thomas v. West (1993)
Most recently applied in Summit Community Bank v. Blue Ridge Shadows Hotel & Conference Center, LLC (In Re Blue Ridge Shadows Hotel & Conference Center, LLC) (November 2009)
Code 1919, § 6426; 1922, p. 867; 1932, p. 332; 1962, c. 152; 1968, c. 568; 1976, c. 213; 1996, c. 513.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.