Property Line and Fence Laws in West Virginia
Created by FindLaw's team of legal writers and editors | Last reviewed December 01, 2017
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.
West Virginia Property Line, Fence, and Tree Trimming Laws
Boundary fences, referred to as "partition fences" by the West Virginia Code 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.
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.
The following chart provides more information about West Virginia laws governing property lines, fences, and tree trimming.
Spite Fences: Local West Virginia ordinances
Tree Trimming: West Virginia Code Section 61-3-48
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
- Property Boundaries, Lines, and Neighbors FAQ
- Fencing Laws and Your Neighbors: FAQs
- Boundary Disputes
- Conflicts Involving Trees and Neighbors
- Neighbor Disputes: Trees
Speak with a Lawyer About Your Property Dispute
Disagreements between neighbors can be frustrating. If you have a problem related to property lines, boundary fences, or encroaching tree branches, understanding how the law applies to you is a great first step. Also, depending on your circumstances, you may want to consider speaking with a local real estate attorney to understand what legal remedies are available to you.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Next Steps: Search for a Local Attorney
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