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Virginia Demand on Adjoining Landowner to Repair Portion of Damaged Partition Fence

Category:
Real Estate - Boundary Lines
State:
Multi-State
Control #:
US-01134BG
Format:
Word; 
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Description

A partition fence is one erected on the boundary line between two adjoining landowners, where there is no road, alley, or such between them. As a general rule, a partition fence built on a boundary line is owned by the adjoining landowners as tenants in common. A landowner has no duty at common law to construct or maintain a fence except with regard to grazing animals. Generally the duty to construct or maintain a partition fence is established by contract, covenant, agreement, or statute.


This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

§ 55.1-2821. Obligation to provide division fences. Adjoining landowners shall build and maintain, at their joint and equal expense, division fences between their lands, unless one of them chooses to let his land lie open or unless they agree otherwise.

Driveways and fences can be right up to the property line as long as they do not encroach on the neighboring property. However, it is recommended that fences and driveways be kept a few feet inside the property line for maintenance purposes.

Driveways and fences can be right up to the property line as long as they do not encroach on the neighboring property. However, it is recommended that fences and driveways be kept a few feet inside the property line for maintenance purposes.

Instead of a ?fence in? rule for livestock, Virginia dramatically shifted emphasis to a ?fence out? rule, in which crop owners had to protect what they grew from marauding cattle and hogs.

Tree Trimming Rules A landowner has the right to "self help" by trimming encroaching tree branches and roots up to the property line, at his own expense. If actual damage is caused by encroaching branches or roots, the landowner has a right of action for nuisance.

§ 55.1-2820. When unlawful for animals to run at large.

Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

The locality may require the owner or occupant of the property so obstructing or encroaching to remove the property and, pending such removal, may charge the owner of the property so obstructing or encroaching compensation for the use of such portion of the street, highway, road, alley, bridge, viaduct, subway, ...

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