Legal Question in Real Estate Law in Virginia

Damaged Fence

A fence we purchased with our home was recently damaged by a builder who was clearing the lot next to ours. After confronting him, he informed us that the fence was actually ''his property'' because his survey reflects that it was built 3 inches to his side of the property line. This was not something that was told to us upon purchasing our home. If this proves to be true, what is our recourse?


Asked on 5/29/07, 4:17 pm

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

Re: Damaged Fence

Merely because your fence may have been (allegedly) occupying three inches

of the builder's property does not confer ownership of the fence upon this presumptuous builder. If he damaged your fence, negligently or otherwise, he owes you for these damages and you should pursue it in small claims court or an otherwise appropriate legal forum if he refuses to pay.

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Answered on 5/29/07, 5:54 pm


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