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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36210
Experience:  16 years real estate, Realtor. Landlord 26 years
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In Montgomery County, VA -- If I build a fence abutting the

Customer Question

in Montgomery County, VA -- If I build a fence abutting the property line between 2 residences (there is no dispute as to where the line lies):
1) Is my neighbor prevented from using the other side of the fence (e.g., to hang flower pots or bird feeders) and/or from allowing vines (e.g., Virginia Creeper or Kudzu, which will harm a fence) by the rule of trespass ?
2) As a practical matter, how do I maintain the other side of the fence ?
3) If they would "use" the fence as described in 1 or 2 above, can they be liable to reimburse me for
1/2 (half) the cost of the fence -- as they would be if they were to "attach" to the fence ?
4) Does "attach" require physical equipment (screws, nails, wires) --
or can effective continuation (e.g., 2-3 inches away -- too close to allow passing thru) without physically adjoining a fence to my pre-existing fence satisfy the definition of "attach" and thus require reimbursement to m for half the cost of my fence.
Thanks !
Thanks.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
.
1) Is my neighbor prevented from using the other side of the fence (e.g., to hang flower pots or bird feeders) and/or from allowing vines (e.g., Virginia Creeper or Kudzu, which will harm a fence) by the rule of trespass ?
.
Yes, if you put the fence up to the property line, then the fence is still considered your personal property and the neighbor couldn't do anything to it without your permission or it would be considered damaging your personal property.

2) As a practical matter, how do I maintain the other side of the fence ?
.
If you haven't given yourself adequate room to enter to maintain, you can only do so with the neighbor's permission to enter their property. That is why many people either give the neighbor the right to use the other side of the fence in return for maintaining their side or they locate the fence in from the property line enough so they can get in behind it to maintain it.
.

3) If they would "use" the fence as described in 1 or 2 above, can they be liable to reimburse me for 1/2 (half) the cost of the fence -- as they would be if they were to "attach" to the fence ?
.
No, only for any damages that they cause to the fence by their actions.
.

4) Does "attach" require physical equipment (screws, nails, wires) --
or can effective continuation (e.g., 2-3 inches away -- too close to allow passing thru) without physically adjoining a fence to my pre-existing fence satisfy the definition of "attach" and thus require reimbursement to m for half the cost of my fence.
.
.
It means actually physically touching your fence. It it doesn't touch your fence, it isn't attached.
.
.
thanks
Barrister

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