Fence Line Dispute in Virginia

[RedHorse74]

My question involves real estate located in the Commonwealth of Virginia.

I am a home/landowner who desires to replace the fence between my property and my neighbors property as its falling into disrepair. My intent is to replace the line with the same type of fence as current, but with new materials - and straighten it out.

Both of us have livestock abutting this fenceline at different times of the year. I had my property surveyed by a professional survey company and it appears the existing fence line currently resides on my property completely and not my neighbors. I informed my neighbor of the current location and my intent to remove the old line, build the new line 12 inches inside my property line, and that I would take sole responsibility for all the costs associated therewith.

My neighbor informed me that I cannot do that without his/her consent and that I have to provide 30 days notice per VA Code Section 55-319. I read that Section (and several others) and it appears to me that I have to provide 30 days notice only if I (1) place the fence on the boundary line, and (2) compel my neighbor to pay for half the fence. I intend to do neither one. I intend to place it on my property and pay for all installation and maintenance. Based on the survey, I should not have to set foot on her property at all.

Does anyone know what I am required to do in Virginia?

Thanks!

[hjinc]

Who paid or who was responsible for installing the existing fence? If (1) you were solely responsible for installing the existing fence and (2) it's within your property boundaries, then It's my belief that you can probably proceed with your plan in whatever timeframe you choose. However, if either of these conditions are not true, then I would suggest following whatever applicable codes/laws that require you to notify your neighbor and wait the appropriate time period.