Legal Question in Real Estate Law in Virginia
Survey shows fence on my property
Recently purchased property survey shows fence is on my property 3 feet. Neighbor states it has been there for 5 yrs and previous owner said nothing. What should I do. I want to have a fence put up around my entire backyard.
Asked on 6/19/07, 3:22 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: Survey shows fence on my property
Unless there is some kind of easement in the deed to your property referencing the right of the adjoining property owner to burden your property with some three feet of fence encroachment, then you have the right to have the fence removed.
You could send your neighbor written notice that he or she has 30 days to remove the fence or you yourself will
have it removed with a possible assessment of the costs involved in the removal to the neighbor.
Answered on 6/19/07, 3:48 pm
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