Legal Question in Real Estate Law in Virginia
property line fencing
If I have to put up a fence to keep a neighbors animals from coming onto my property, are they 50% repsonsible for the cost?
1 Answer from Attorneys
Re: property line fencing
Only, if they(your neighbors) fail to give you proper notice within the required time period(10 days after being notified) that they wish their adjoining lands to lie open or if at some later time they choose to enclose their adjoining property with a so-called division fence(using your fence as part of the enclosure). See Va. Code Secs. 55-317 and 55-318. (In April 2004, a Virginia farmer in Caroline County was killed in a dispute with his neigbor that involved this very issue. The statute was then subsequently amended to allow the person with adjoining property not to have to share in the cost of his neigbor's fence if he timely notifies that neighbor that he intends to allow his land adjoining the neigbor's proposed fence line to lie open.)