As I have been reading up on things, I came across several items in the Va Code, amended in 2005, which said that the person who doesn't want the fence has to reply to that effect within a certain amount of time and that they want their land to remain open. It has to do with there not having been an existing fence before and that allows the person who doesn't want it, and doesn't need it, eg., for agriculture or livestock, not to have to pay for half or to maintain it. And yes, I have a survey, and iron pins at both back corners. I think that I should also tell him that I will prune any foliage of the Leylands that may overhang his property to avoid his damaging the trees which are actually planted on my property. In other words, if he does a hatchet-job and kills them, I would sue him for damages (he already has damaged so much of my property). But doesn't he in a similar fashion to the Leylands have to make sure his horses Noses stay on His side of the fence if it is not going to be trespass on my property?
I do not know who moved into the properties first, you or your neighbor. If you moved in later, I would personally move. As you age, your neighbors help is worth so much more than boundary issues. We removed our fence with our neighbors. We have helped them sandbag their home to keep it from flooding. They in turn have helped us with mowing, cleaning up the yard, taking us to town or to the hospital or doctor visits. Being neighboryly is worth so much more than a stupid fence. They fence we installed was a pain to maintain anyway. Both our neighbor and us both removed the fence that caused us from being neighboryly,,,I hope in the future you and your neighbor can be friends! Our neighbors have turned out to be true gems after removing the fence and worrying about whose property line is being trespassed,,sometimes worrying about property line issues is an underlying problem and not worth the hassles, as we have found out. There trees hang over into our yard, but being neighborly and being friends is worth so much more than worrying about property line issues, trees. I am so glad we have our neighbors now,,,their help and friendship is worth much more!!