{"id":377172,"date":"2017-11-29T18:15:02","date_gmt":"2017-11-29T23:15:02","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/west-virginia-law\/property-line-and-fence-laws-in-west-virginia.html"},"modified":"2017-12-01T18:46:24","modified_gmt":"2017-12-01T23:46:24","slug":"property-line-and-fence-laws-in-west-virginia","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/property-line-and-fence-laws-in-west-virginia.html","title":{"rendered":"Property Line and Fence Laws in West Virginia"},"content":{"rendered":"\n
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Property Line and Fence Laws in West Virginia<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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If you’re a property owner, you know first-hand that disagreements with neighbors sometimes arise. Frequently, these disagreements are related to property lines, fences, and trees near the boundary line. For this reason, many states have passed laws to help property owners resolve conflicts. Read on to learn more about fence laws in West Virginia.<\/p>\n

West Virginia Property Line, Fence, and Tree Trimming Laws<\/h2>\n

Boundary fences, referred to as "partition fences" by the West Virginia Code<\/a> divide one parcel of property from another. In West Virginia, the laws governing partition fences don’t apply to all landowners, only those who live in agricultural areas. Some states also have "spite fence" laws which prohibit maliciously building a fence for no other purpose than to annoy or harass a neighbor. At the state level, West Virginia doesn’t have laws addressing "spite fences;" however, many local jurisdictions have ordinances limiting the height and placement of fences.<\/p>\n

Many states also choose to regulate tree trimming, and give landowners the right to "self help" by trimming encroaching tree branches up to the property line. West Virginia doesn’t have state laws specifically regulating boundary tree trimming. However, it’s illegal under West Virginia law to enter the land of another in order to break, cut, or carry away trees or timber.<\/p>\n

The following chart provides more information about West Virginia laws governing property lines, fences, and tree trimming.<\/p>\n\n

Statutes<\/b><\/p>\n<\/td>\n

Boundary Fences<\/b>: West Virginia Code Sections 19-17-1<\/a>, 19-17-4<\/a>, 19-17-5<\/a>, 19-17-7<\/a>, 19-17-8<\/a>, and 19-17-9<\/a><\/p>\n

Spite Fences<\/b>: Local West Virginia ordinances<\/a><\/p>\n

Tree Trimming<\/b>: West Virginia Code Section 61-3-48<\/a><\/p>\n<\/td>\n<\/tr>

Boundary Fences<\/b><\/p>\n<\/td>\n

Spite Fences<\/b><\/p>\n<\/td>\n

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  • West Virginia doesn’t have laws at the state level prohibiting "spite fences."<\/li>\n
  • Cities and counties in West Virginia have building ordinances that govern how high a fence can be, and how far fences can be from property lines.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Tree Trimming<\/b><\/p>\n<\/td>\n