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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33713
Experience:  15 years real estate, Realtor. Landlord 26 years
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Is it legal in county Va. to build a fence on the property

Customer Question

Is it legal in Patrick county Va. to build a fence on the property line. If so, how will the fence builder repair/ maintain the fence on my side of the property line?
Submitted: 16 days ago.
Category: Real Estate Law
Expert:  Barrister replied 16 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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As long as no part of the fence crosses over the property line onto the neighbor's land, a property owner can install a fence right up to the property line, but not over it. If any part of the fence crosses, it is an encroachment on the neighbor and a trespass to property and the neighbor could file suit for trespass to force the owner to move it.

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As for maintenance, that is tricky because the owner would have no legal right to enter the neighbor's property to maintain the side of the fence that faced the neighbor's property. So they had either get along with the neighbor, or install the fence with enough space between it and the property line to maintain it.

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thanks

Barrister

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