Legal Question in Construction Law in Virginia

property line--- fence

my neighbor just built a fence 6 inches from their property line to keep me from using their side of the fence, or ever claiming it as mine. I want to still use it just as a privacy barrier and build on that side only the front part next to my house. I want to build out to my property line and just leave their 6 in gap, but then she said shes going to build a gate and come in to my yard to tend to her 6 inches. I am purposely going to my property line so I don't have responsibility of this wasted space if I ever do finish off the fence on their side and there is dispute over who cares for it (waste of my time/money). And I dont want her coming into my yard to care for her 6 inches! I want privacy! Do I have to finish off my fence on that side to insure she cant get into her space while standing in my yard!? And shes threatened that her husband will come out with a ruler if I do go to my property line, which isn't a big deal I guess since I only plan on building the one post and 1 one which is it was wrong could be relativily easily fixed, but this is all her effort to get me to take some responsibility for this piece of land they left, and not use her fence, even if i never actually touch it!


Asked on 6/01/09, 6:33 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: property line--- fence

The poet, Robert Frost, once commented in the poem "The Mending Wall"(I believe) that good fences make for good neighbors (or something similar). Apparently not the case here.

It would be my opinion that your neighbor would not be able to claim a right of easement(where one did not previously exist) to come onto your property for the purpose of tending a 6" strip of property which may belong to her.

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Answered on 6/03/09, 11:03 am


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