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BY JACK DUNFORD
Rappahannock News Contributing Writer
Farm fencing is a costly investment but, fortunately, there are several alternative types of fences available that vary considerably in price. The Extension Office has some sample fence budgets for you to evaluate; however, the intent of this article is to refresh your memory concerning fencing laws in Virginia. This can be a very confusing issue, complicated by the fact that fencing laws are not the same in all Virginia counties.
Virginia state law provides adjoining landowners shall build and maintain division fences between their lands at their joint and equal expense.
Let’s look at two situations provided for in the law.
The first is the case where no division fence has ever been built. In this situation (if both parties are farmers) either landowner can notify the other, in writing, of his intention to build a division fence. The owner who has been notified has the option to help build the fence or within 10 days to notify his neighbor of his decision to allow his land to be open.
If the neighbor wants to leave his land open, the first party must build the fence himself. But if the neighbor leaving his land open ever decides to take advantage of the fence (i.e. run livestock on his land) then he must pay the neighbor who built the fence for one-half the value of the fence.
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