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Does My Neighbor Owe Me For My Fence, Which Encloses His Yard

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  • 04-23-2007, 01:15 PM
    Steve Nunes
    Does My Neighbor Owe Me For My Fence, Which Encloses His Yard
    I have a hostile neighbor who constructed a 5 foot retaining wall and a fence on two sides of his back yard and used my fence and another neighbors to completely close in his back yard. My fence is 6 inches inside my property. Does he owe me for the cost of my fence that runs between our property that affords him free of charge , security, allowing his unlicensed dog to run freely and privacy from anyone cutting thru his property? unrelated but to paint a picure of what a peice of work this fellow is, he also uses the six inches of my property on the other side of my fence , which he does by having a shed partially on it abutted against my fence and railroad ties on it. and storing trash, gasoline and yard waste. I guess him being a Navy Military Chaplin officer entitles him to benefits that that average law abiding citizen do not have or would feel they should have.

    My Name is Steve Nunes and I am in Virginia
  • 04-23-2007, 01:21 PM
    seniorjudge
    Re: Does my neighbor owe me for my fence since its closes in his yard?
    If he has trespassed on you, then you may sue him to remove anything he put on your land without your permission.
  • 04-23-2007, 01:28 PM
    Steve Nunes
    Re: Does my neighbor owe me for my fence since its closes in his yard?
    True , but the way I read prior cases in law libraries, if someone uses your fence to complete their land encloser without trespassing on your land, your entitled to be compensated by them for their use of your fence.

    Do you know if that is true in Virginia, if not sure maybe you have a link you can direct me towards.

    Thanks,

    Steve
  • 04-23-2007, 06:13 PM
    jk
    Re: Does my neighbor owe me for my fence since its closes in his yard?
    so, are you after him to pay for part of the fence or to remove the junk from your property on his side of the fence?
  • 04-24-2007, 08:16 AM
    Steve Nunes
    Re: Does my neighbor owe me for my fence since its closes in his yard?
    I am after him to pay for my fence.
  • 10-02-2007, 03:31 PM
    Jenskp
    Re: Does my neighbor owe me for my fence since its closes in his yard?
    I am having the same issue and would really like to know it the neighbor is responsible for half the cost of that side.
  • 10-02-2007, 08:05 PM
    BUGFEN
    Re: Does my neighbor owe me for my fence since its closes in his yard?
    If the fence is on your property.......it's YOUR property..... and he is under no obligation to compensate you for improvements you make to your property.

    You can force him to move his items off your property line.

    Not a nice guy?....you have the right to maintain your fence and that could include you painting his side of the fence any color or muliple colors of your choosing and if he tried to paint over it he would be guilty of vandalism and destruction of private property. That might induce him to try to get along with you.
  • 10-03-2007, 06:08 AM
    aaron
    Re: Does my neighbor owe me for my fence since its closes in his yard?
    You should start a new thread and be sure to identify your state.

    As this was never clearly answered in relation to Virginia:
    Quote:

    Quoting Boundary Fences in Virginia
    § 55-318. When no division fence has been built.

    When no division fence has been built, either one of the adjoining owners may give notice in writing of his desire and intention to build such fence to the owner of the adjoining land, or to his agent, and require him to come forward and build his half thereof. The owner so notified may, within ten days after receiving such notice, give notice in writing to the person so desiring to build such fence, or to his agent, of his intention to let his land lie open, in which event, and if the one giving the original notice shall build such division fence and the one who has so chosen to let his land lie open, or his successors in title, shall afterwards enclose it, he, or they, as the case may be, shall be liable to the one who built such fence, or to his successors in title, for one-half of the value of such fence at the time such land shall be so enclosed, and such fence shall thereafter be deemed a division fence between such lands.

    If, however, the person so notified shall fail to give notice of his intention to let his land lie open, as hereinabove provided, and shall fail to come forward within thirty days after being so notified, and build his half of such fence, he shall be liable to the person who builds the same for one-half of the expense thereof, and such fence shall thereafter be deemed a division fence between such lands.

    Notwithstanding the provisions of this section, no successor in title shall be liable for any amount prior to the recordation and proper indexing of the original notice in the clerk's office of the county in which the land is located.

    § 55-319. When division fence already built.

    When any fence which has been built and used by adjoining landowners as a division fence, or any fence which has been built by one, and the other afterwards required to pay half of the value, or expense thereof, under the provisions hereinbefore contained, and which has thereby become a division fence between such lands, shall become out of repair to the extent that it is no longer a lawful fence, either one of such adjoining landowners may give written notice to the other, or to his agent, of his desire and intention to repair such fence, and require him to come forward and repair his half thereof, and if he shall fail to do so within thirty days after being so notified, the one giving such notice may then repair the entire fence so as to make it a lawful fence, and the other shall be liable to him for one-half of the expense thereof.

    § 55-320. Recovery of amount due in connection with division fence.

    Any sum which may be due and payable by one adjoining landowner to another in pursuance of any of the provisions of §§ 55-318 and 55-319 may be recovered by motion, action or warrant, according to the amount.

    § 55-321. Requirements for agreement to bind successors in title; subsequent owners.

    No agreement made between adjoining landowners, with respect to the construction or maintenance of the division fence between their lands, shall be binding on their successors in title, unless it be in writing and specifically so state, and be recorded in the deed book in the clerk's office of the county in which the land is located, and properly indexed as deeds are required by law to be indexed.

    If any notice, as required by § 55-318 or § 55-319 is recorded in the deed book in the clerk's office of the county in which the land is located and is properly indexed as deeds are required by law to be indexed, then any subsequent owners of such land shall be liable for any sum which may be due pursuant to § 55-320.

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