An immediate estate or interest in or the benefit of a condition respecting any estate may be taken by a person under an instrument, although he is not a party to such instrument; and if a covenant or promise is made for the benefit, in whole or in part, of a person with whom it is not made, or with whom it is made jointly with others, such person, whether named in the instrument or not, may maintain in his own name any action thereon that he might maintain as though it had been made with him only and the consideration had moved from him to the party making such covenant or promise. In such action, the covenantor or promisor shall be permitted to make all defenses he may have, not only against the covenantee or promisee, but also against such beneficiary.
Code 1919, § 5143; Code 1950, § 55-22; 2019, c. 712.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 1 - Creation and Limitation of Estates
§ 55.1-100. Aliens may acquire, hold, and transmit real estate; when reciprocity required
§ 55.1-101. When deed or will necessary to convey estate; no parol partition or gift valid
§ 55.1-102. When gift of personal property invalid
§ 55.1-103. Suicide or attainder of felony
§ 55.1-104. Estates to lie in grant as well as in livery
§ 55.1-105. Same estates may be created by deed as by will
§ 55.1-107. Default or surrender of tenant for life not to prejudice remainderman
§ 55.1-108. Conveyance of estate or interest in property by grantor to himself and another
§ 55.1-109. Deed valid for grantor's right; operation of warranty
§ 55.1-110. Conveyance, devise, or grant without words of limitation
§ 55.1-111. Fee tail converted into fee simple
§ 55.1-113. Doctrine of worthier title abolished
§ 55.1-114. When contingent remainder not to fail
§ 55.1-115. When remainders not defeated
§ 55.1-116. In what conveyances possession transferred to the use
§ 55.1-118. Deed of release effectual
§ 55.1-119. When person not a party, etc., may take or sue under instrument
§ 55.1-120. Informalities in deeds made by attorneys-in-fact
§ 55.1-121. Time for objections to irregularities in advertising sales made by trustees
§ 55.1-122. Recovery at death of life tenant of taxes paid on life estate
§ 55.1-123. Removal of a cloud on title; nature of plaintiff's title
§ 55.1-124. Uniform Statutory Rule Against Perpetuities
§ 55.1-125. When nonvested property interest or power of appointment created
§ 55.1-127. Exclusions from statutory rule against perpetuities
§ 55.1-128. Prospective application
§ 55.1-129. Uniformity of application and construction
§ 55.1-130. Certain limitations construed
§ 55.1-132. Determination of "lives in being" for purpose of rule against perpetuities
§ 55.1-133. Application of the rule against perpetuities to nondonative transfers
§ 55.1-134. Survivorship between joint tenants abolished
§ 55.1-135. Joint ownership in real and personal property
§ 55.1-136. Tenants by the entirety in real and personal property; certain trusts