Legal Question in Real Estate Law in Virginia

Fencing and livestock

Hello,

Neighbors cows keep coming on our property due to failing division fence. We have no livestock. Do we have any obligation to maintain or fix this faulty fence since we don't own livestock? If we notify him about the roaming cows and he chooses not to fetch his cows, what recourse do we have? The last time I called him (about 2 years ago) and told him about the cows on our property, he said he'd spoken with his lawyer and was told we had to maintain half the fence. Haven't the laws changed since then?

Fuming in Augusta County, Virginia

Asked on 6/27/06, 10:01 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
0 users found helpful
0 attorneys agreed

Re: Fencing and livestock

Yes, you're quite correct, i.e., the law in the Commonwealth concerning so-called division fences

has indeed changed since cattleman (and lawyer)John Ames shot and killed his vegetable farmer neigbor, Mr. Oliver Perry Brooks of Caroline County, Virginia, back in April of 2004 over a similar dispute.

Adjoining land owners are now no longer required mutually to maintain division fences if one chooses to "allow his lands to lie open" as provided for in Section 55-317 of the Va. Code, and notifies his neighbor, accordingly.

Read more
Answered on 6/27/06, 10:18 am

Related Questions & Answers

More Real Estate and Real Property questions and answers in Virginia

Looking for something else?

Get Free Legal Advice

88413 active attorneys ready to answer your legal questions today.

Real Estate and Real Property Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Michelle ScopelliteGoldstein & Scopellite, PCTucson, AZ
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now