West Virginia Agreement between Adjoining Landowners to Maintain Partition Fence
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FAQ
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.
Many states also choose to regulate tree trimming, and give landowners the right to "self help" by trimming encroaching tree branches up to the property line. West Virginia doesn't have state laws specifically regulating boundary tree trimming.
A spite fence is a fence (whether a division fence or otherwise) built maliciously, with the sole purpose or intent of annoying, injuring, or spiting an adjoining owner (commonly a neighbor). For example, a spite fence might block the neighbor's view or obstruct the passage and enjoyment of light or air.
Most adverse possession laws require a trespasser to openly inhabit and improve a property, or a small part, for a determined amount of time before he or she may gain legal title to the property. This time limit in West Virginia is at least 10 years before ownership could change hands.
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.
Walls and fences must be set back 24 inches from the property line, provided that the rear property line does not face a public street or right-of-way.
