Property Line and Fence Laws in Virginia

Property line and fence laws in Virginia are designed to set forth responsibilities between neighbors regarding boundary fences, property lines, and tree encroachments.

Disagreements with neighbors can be a real headache. It’s not uncommon for neighboring property owners to disagree about issues like fence lines, property lines, or overhanging tree branches. Virginia has laws in place to address these issues.

This article discusses the property line and fence laws in the Commonwealth of Virginia, including laws on trimming trees. While fence installation and fence maintenance are things you should be able to discuss calmly with your neighbor, that isn’t always the case.

If you’re currently dealing with a dispute over property boundaries or an existing fence that abuts a neighboring property, it might be a good idea to contact a local attorney. We’ve also included links to helpful FindLaw articles below.

Virginia Property Line and Fence Laws

Virginia has extensive statutes addressing boundary fences, also known as partition or division fences. These fences run along a homeowner’s property line, and Virginia law requires property owners to build, maintain, and pay for them.

While Virginia law requires boundary fences, it does not specifically prohibit “spite fences.” These are fences that a homeowner installs to distinguish their property from their neighbor’s property. They may also install spite fences to antagonize their neighbor.

Even though there is no Virginia statute prohibiting spite fences, there are local ordinances and local regulations that impact a property owner’s ability to install this type of fence. While violating a local fence regulation may not seem like a big deal, it can cost you hundreds of dollars in fines and leave you with a giant headache. Make sure to check with your town’s zoning ordinances before getting started on any installation.

Virginia’s No-Fence Laws

According to Virginia state law, anyone who owns domesticated livestock, such as cows or sheep, must construct fences to prevent their animals from entering their neighbors’ property. At the same time, these property owners must also provide their livestock with enough land to run free.

Virginia law also permits people with an with an easement to replace fences with a lawful gate or cattle guard to help protect livestock.

If you happen to own livestock and aren’t sure how to best comply with this no-fence law, talk to a local real estate attorney. They can answer any questions you have about Virginia fence laws and let you know if you need to construct new fences or rip an existing fence out.

Types of Fences in Virginia

It’s possible that a property owner can work hard to comply with the local fencing laws only to learn that they haven’t installed a lawful fence. For example, not all property owners have the right to construct a barbed wire or electric fence. These can be dangerous for the rest of the community, especially children.

According to Virginia state law, there are two categories of legal fences. These are:

• Lawful fences: These fences prevent domesticated livestock from escaping a property owner’s land. They also keep the animals wandering onto other people’s property.
• Boundary fences: Virginia law requires homeowners to build, maintain, and repair fences along their boundary lines. They cannot construct these fences in a way that encroaches on a neighbor’s easement or right-of-way.

Both types of fences must meet specific requirements under state law. For example, lawful fences must be of a certain fencing material and meet specific height requirements. The same is true for boundary fences.

Tree Trimming Laws

In 2007, the Supreme Court of Virginia changed the state tree trimming laws. The court confirmed that property owners have the right to "self-help," meaning they can trim encroaching tree limbs at their own expense.

The court also held that a neighbor could file a nuisance claim if the encroaching tree causes actual damage to their property. The court noted, however, that an encroaching branch is not a considered a nuisance merely because it throws additional shade or drops leaves, fruit, or flowers onto a neighbor’s yard.

Virginia’s Fence, Tree Trimming, and Property Line Laws: Recap

Below is additional information about Virginia laws governing property lines, fences, and tree trimming.

Statutes and Case Law

• Boundary Fences: The Code of Virginia, Sections 55-317; 55-318 and 55-319
• Spite Fences: Local Virginia fence ordinances
• Tree Trimming: Fancher v. Fagella, 274 Va. 549 (2007)

Boundary Fence Rules

• Adjoining landowners must build and maintain (at joint and equal expense) a division fence between their lands, unless one landowner decides to let their land lie open or the property owners agree otherwise
• If an existing border fence falls into disrepair, either landowner can notify the other of their intent to repair the fence and request 50% reimbursement

Spite Fence Rules

• Virginia has no specific laws prohibiting spite fences
• Landowners should review local zoning and building ordinances and obtain the appropriate permits before erecting any fence

Tree Trimming Rules

• A landowner has the right to "self-help" by trimming encroaching tree branches and roots
• If encroaching branches or roots cause actual damage, the landowner can file a nuisance action
• Encroaching tree branches do not constitute a nuisance merely because they cast shade, or drop leaves, flowers, or fruit

Disclaimer: State laws change all the time, due to new regulations, higher court rulings, and other means. FindLaw strives to provide readers with the most current information. However, it’s best to conduct further research or consult an experienced real estate attorney near you to confirm your state laws.

Property Dispute in Virginia? Contact a Local Attorney

If you’re a property owner in Virginia, you should familiarize yourself with Virginia’s fence laws. You should also make an effort to discuss any plans you have to install a new fence with your adjoining property owners.

The best way to comply with your local laws is to meet with a seasoned real estate lawyer. They’ll explain the fence laws to you and help you understand your legal remedies.

Related FindLaw Resources

• Fencing Laws and Your Neighbors: FAQs
• Appearance, Maintenance, and Fence Restrictions