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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


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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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!!

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