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In this case the neighbor must repair his half and should he fail to respond within 30 days of the notice, the one wanting to repair the fence can do so and the other owner is liable for one-half the expenses. Some farmers agree that when they face each other at the boundary fence, each will keep the right half and the neighbor will keep the left.
Most neighbors realize that part of the obligation of owning land is to maintain satisfactory fences. In many situations the maintenance of division fences is mutually and informally agreed to by neighbors. This should be the case.
The law is only a guide for landowners to follow in the case of disagreement or ignorance concerning division fence law. The best bet is to build and maintain good fences because as Robert Frost reminded us in Mending Wall, “Good fences make good neighbors.”
I’ll tell you more about Virginia fence law in a later article. Remember, I’ll be helping out in Rappahannock County most Monday mornings during May and June or until a new Extension Agent-Agriculture comes to work. Call 675-3619 or stop by if I can be of help to you.
Jack Dunford is serving temporarily as Rappahannock’s Extension Agent for Agriculture. Mr. Dunford is Culpeper County’s Extension Agent for Farm Management.
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