Legal Question in Real Estate Law in Virginia

If someone is encroaching on your land, you have 15 years in which to take action, or you can lose the rights to that part of your land. So you need to have the fence removed or take it down.

Under various legal principles, I think you should not just tear down the fence without (a) giving the neighbor every opportunity to salvage it while moving it rather than just wasting it and (b) making absolutely sure you are correct and not mistaken. If you tore it down and you were wrong about the boundary then you would be at fault and liable for the cost of the fence.

So you should certainly give a written demand to the neighbor to move the fence. Give plenty of warning and opportunity.

If the neighbor won't cooperate, unfortunately you may need to file a legal case for trespass or quiet title to clarify the boundary.