                                 CODE OF VIRGINIA

WHEN DIVISION FENCE ALREADY BUILT (§ 55.1-2823)

When any fence (i) that has been built and used by adjoining landowners as a
division fence, or any fence that has been built by one landowner and the other
landowner is afterwards required to pay half of the value or expense of such
fence under the provisions contained in this article, and (ii) that has thereby
become a division fence between such lands, becomes 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 repair his half of such fence. If the
landowner receiving written notice fails to repair his half within 30 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 of such repairs.

HISTORY: Code 1950, § 8-889; 1977, c. 624, § 55-319; 2019, c. 712.