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My neighbor sent me a certified letter that he intends to install 'a line fence where our properties meet at the back line of my

Boones Mill, VA |

property'. He does not have my permission to do this, and I believe it would mean I own half the fence but would not have to maintain it. It would inconvenience my maintenance of my property, mowing around the Leylands close to the back line, and I would have to deal with the fence. He also falsely claims that the Leylands are on his property and is threatening to damage them. I have had many problems with this person.

He also included with his letter a photo that he was deliberately taken at an angle from his own property that made it appear that my trees were on his; I just went out and photographed showing the same thing from my property (and of course I have many times in the past) that the Leylands are on my property, they were carefully measured to be well within my property boundary before they were professionally planted in 2004 and there are iron survey stakes at both corners of my property. I recently let him off the hook for stealing my property, he is unbelievable, and is harassing me because he wants some of my property and will not take 'No' for an answer. He further said that he is planning to have horses within this fenced area and even if they stick their noses over the fence they will be trespassing on my property. I thought you had to have a fence a certain amount within your own property unless you had permission to allow for installation, maintenance, etc.

Attorney Answers 1

  1. Make sure that you have a current survey showing where the property line is. If this neighbor damages your property or puts his fence on your property, you can sue to have the fence removed and your property restored. If he installs the fence on the property line (but not over), then it is his fence and he must maintain it. Your convenience does not matter.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.

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