Legal Question in Real Estate Law in Virginia
Property Boundary Disputes
If someone questions the ownership of a fence seperating two distinct land properties (owned by two different owners)- is the one property owner allowed to have the land surveyed and then that same owner proceed to legally have the fence that has been there for many years prior to the new owners taking over- completely torn down and removed without first consulting the adjacent property owner as to his plans? The ownership of the old orgininal fence is in question. Shouldn't the adjacent property owner be notified of a dispute - so he may have his own survey done also?
1 Answer from Attorneys
Re: Property Boundary Disputes
Yes, indeed, a prudent landowner who finds himself
in dispute over boundary lines with his neighbor,
will always be well advised to consult first with the neigbor regarding any action he may be contemplating in regard to any structures that may
sit upon or demarcate, even incorrectly, the legal line of separation between the adjacent properties.
If it is later found that the headstrong landowner
proceeded on erroneous information in destroying
a fence or other structure which he mistakenly believed to be on his side of the line, then he wil be liable in civil court to the owner of such structures for all reasonable damages occasioned by his decision to remove them based upon erroneous information. (All of this, of course, assumes that the fence or other structure that was removed was not on his property.)
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
