                                 CODE OF VIRGINIA

WHEN NO DIVISION FENCE HAS BEEN BUILT (§ 55.1-2822)

If no division fence has been built, either one of the adjoining landowners may
give notice in writing of his desire and intention to build such fence to the
landowner of the adjoining land, or to his agent, and require him to build his
half of such fence. The landowner so notified may, within 10 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. If the
landowner giving the original notice subsequently builds such division fence and
the landowner who has so chosen to let his land lie open, or his successors in
title, subsequently encloses his land, he, or his successors, shall be liable to
the landowner who built such fence, or to his successors in title, for one-half
of the value of such fence at the time such land was so enclosed, and such fence
shall thereafter be deemed a division fence between such lands.
		If, however, the person so notified fails to give notice of his intention to
let his land lie open, and fails to agree, within 30 days after being so
notified, to build his half of such fence, he shall be liable to the person who
builds the fence for one-half of the expense, 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 recordation of the
notice in the clerk&#8217;s office of the county in which the land is located.

HISTORY: Code 1950, § 8-888; 1977, c. 624, § 55-318; 1985, c. 486; 2019, c.
712.