Legal Question in Real Estate Law in Virginia

fence removal nad lien on property.

Over 8 years ago I purchased a home with land and a full fenced back yard. As per the survey, one side of the fence is not on my property but set 14ft off of my property. The fence lays in the middle of a 30ft wide strip of private road, between me and my adjoining neighbors property. I am selling my house, and the person who ownes the property stated that I need to move ''my'' fence or he will put a lien on my house. He hasn't contacted anyone else who owns property touching his as the fence runs down a whole block through all the houses. Is that legal, isn't his fence if it's in the middle of his property? the city use to own it when I moved in, then he bought it two months later.


Asked on 7/14/08, 5:23 pm

1 Answer from Attorneys
Susan Allen The Law Office of Susan E. Allen, PLLC

Re: fence removal nad lien on property.

The fence is outside your property boundary and apparently in an easement/private road. The owner of the land upon which the fence lays may remove the fence claiming it as a trespass. Alternatively, if you wish to claim the land as yours, you may have an argument for adverse possession, however you would need to "tack" the time the prior owners claimed the land as you do not meet the requisite time. Liens are created by a granting an interest to another or by judgment. Perhaps he was suggesting he will somehow "cloud" your title? I would suggest that you seek a real estate attorney's advice to explore options and to protect yourself as you prepare to convey the land.

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Answered on 7/16/08, 9:22 am


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