Property Line and Fence Laws in Virginia
Created by FindLaw's team of legal writers and editors | Last reviewed December 01, 2017
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Disagreements with neighbors can be a real headache. It's not uncommon for neighboring property owners to disagree about issues like fences, the location of the property line, or overhanging tree branches. Virginia, like many other states, has enacted laws addressing these issues. Read on to learn more about fence and property line laws in Virginia.
Virginia Property Line and Fence Laws
Virginia has extensive statutes addressing boundary fences, also known as partition or division fences, which exist along a property line. Virginia law specifies property owners' obligation to build, maintain, and pay for boundary fences.
Some states have laws specifically prohibiting "spite fences" built for no legitimate purpose other than to annoy or harass a neighbor. Virginia law doesn't specifically prohibit spite fences; however, many Virginia towns and cities have zoning ordinances related to fences.
Tree Trimming Laws
In 2007, the Supreme Court of Virginia changed the law regarding tree trimming. The court confirmed that property owners have the right to "self help," meaning that you can, at your own expense, trim a neighbor's tree branches or roots that encroach onto your property. In the same case, the court held that a neighbor may have an action for nuisance if the encroaching tree causes actual damage to the property. The court noted, however, that an encroaching branch is not a "nuisance" merely because it throws additional shade, or drops leaves, fruit, or flowers onto a neighbor's yard.
The following chart provides more information about Virginia laws governing property lines, fences, and tree trimming.
Statutes and Case Law |
Boundary Fences: Virginia Code 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 |
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Spite Fence Rules |
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Tree Trimming Rules |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Related Property Line, Fence, and Tree Resources
- Fencing Laws and Your Neighbors: FAQs
- Neighbor Fence Disputes
- Glossary: Shared Boundaries
- Top 10 Reasons to Have Your Property Surveyed
- Conflicts Involving Trees and Neighbors
Property Dispute in Virginia? Contact a Local Attorney
If you're a property owner in Virginia, it's a good idea to understand how laws related to fences, property lines, and trees affect you. If you're not seeing eye-to-eye with a neighbor about any one of these issues, an experienced attorney can help you understand your legal remedies and make an informed decision about how to move forward. Consider calling a Virginia real estate lawyer near you.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.