Fence Line Dispute in Virginia

[_optimist]

My question involves real estate located in the State of: Virginia.

I bought a house ~5 years ago with an existing fence. The fence is very old and has been where it is for about 15 years (to my neighbor's recollection). A new neighbor has purchased the property next door and, due to a new survey, has decided my fence encroaches on his property by about 8 feet at one of the corners. Without ever speaking to me, he's painted that 8 ft section of fence orange. Given that he's a new owner, does the "Doctrine of Adverse Possession" apply here?

Thanks.

[LandSurveyor]

If you want to claim to fence line by adverse possession, overturning the surveyed line, you will have to go to court (not small claims) and sue to have the title to it vested in you. The entire burden of proof is upon you to prove that all of the conditions of Virginia law have been met, including the requirement that the possession has been adverse, hostile, actual, notorious, exclusive, continuous and under claim of right for the statutory period of fifteen years. The fact that the neighbor is a new owner is not important.

Unless the neighbor rolls over and agrees to your claim immediately, you will have some major legal costs of a probable five figure nature, even if you lose.

And of course you can get your own survey......

[_optimist]

Thanks. Yeah, not really looking to incur myself extra costs or even to legally take possession, necessarily. Just studying up on my rights and responsibilities to prepare for the next step. That the neighbor hasn't contacted me, yet has painted my fence to highlight the discrepancy, makes me think I need to make the next move. And I'm not sure what that should be. On the one hand, I could care less about the disputed line, but that this guy thinks it's appropriate do what he has without contacting me...that I have to respond to appropriately...but I'm not sure what is appropriate and correct.

Given that the fence has been there for so long, does 'Boundary by Acquiescence' apply here?

Thanks again.

[flyingron]

He's only possessed the property for 5 years. How is he going to claim adverse possession for 15 years? The fact that the fence was there for 15 years doesn't mean he gets to count that time. No boundary by acquiescence in this state either.

Your best bet is to get your own survey before anything. What makes you think he needs your permission or even notification to paint HIS fence. If the survey was correct, you never owned that 8 feet of fence.

[LandSurveyor]

Given that the fence has been there for so long, does 'Boundary by Acquiescence' apply here?

That is another court case at your expense. The concept is different, the facts to be proven are different, the statutory period is probably the same. Some courts have held that "extensive improvements" are also required as evidence of intent of the parties to form a boundary by acquiescence..

And sometimes a fence is just a fence.