Legal Question in Real Estate Law in Virginia

26 years ago my parents purchased a house which has a fenced in back yard. 13 years ago my father pasted away and my neighbor has continuously griped at my mother about her fence being on his property. The fence was already in place when my parents purchased the house and had never been told anything about this. Well a few years ago a several of our trees died so we had them cut down. Therefore he put two trees up very close if not on our property line (if lining them up with our fence). Recently he has asked to take down our fence and put up a privacy fence at his expense. If they purchased the house like this can he now make my mom have the fence removed after all these years even if it is his property?

Asked on 7/06/13, 6:45 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Yes. of course, if your mom's fence is on what now proves to be his property.

Perhaps. it's now time for one of these owners to have an updated survey done to determine where exactly the property line at issue runs between these two properties.

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Answered on 7/06/13, 9:02 pm

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