If no division fence has been built, either one of the adjoining landowners may give notice in writing of his desire and intention to build such fence to the landowner of the adjoining land, or to his agent, and require him to build his half of such fence. The landowner so notified may, within 10 days after receiving such notice, give notice in writing to the person so desiring to build such fence, or to his agent, of his intention to let his land lie open. If the landowner giving the original notice subsequently builds such division fence and the landowner who has so chosen to let his land lie open, or his successors in title, subsequently encloses his land, he, or his successors, shall be liable to the landowner who built such fence, or to his successors in title, for one-half of the value of such fence at the time such land was so enclosed, and such fence shall thereafter be deemed a division fence between such lands.
If, however, the person so notified fails to give notice of his intention to let his land lie open, and fails to agree, within 30 days after being so notified, to build his half of such fence, he shall be liable to the person who builds the fence for one-half of the expense, and such fence shall thereafter be deemed a division fence between such lands.
Notwithstanding the provisions of this section, no successor in title shall be liable for any amount prior to the recordation and proper recordation of the notice in the clerk's office of the county in which the land is located.
Code 1950, § 8-888; 1977, c. 624, § 55-318; 1985, c. 486; 2019, c. 712.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 28 - Trespasses; Fences
§ 55.1-2802. Unlawful to sell other controlling devices unless they meet certain standards
§ 55.1-2804. Description of lawful fence
§ 55.1-2805. Proceeding to declare stream of water or canal a lawful fence
§ 55.1-2806. Boundary lines of certain low grounds on James River a lawful fence
§ 55.1-2807. Statutes declaring watercourses lawful fences continued
§ 55.1-2808. Property owner may place cattle guards or gates across right-of-way
§ 55.1-2810. Damages for trespass by animals; punitive and double damages
§ 55.1-2812. Impounding animals
§ 55.1-2813. Duty to issue warrant when animal impounded
§ 55.1-2814. How governing body of county may make local fence law
§ 55.1-2815. Effect of such law on certain fences
§ 55.1-2816. Application to railroad companies
§ 55.1-2817. No authority to adopt more stringent fence laws
§ 55.1-2818. Effect on existing fence laws or no-fence laws
§ 55.1-2819. Lands under quarantine
§ 55.1-2820. When unlawful for animals to run at large
§ 55.1-2821. Obligation to provide division fences
§ 55.1-2822. When no division fence has been built
§ 55.1-2823. When division fence already built
§ 55.1-2824. Recovery of amount due in connection with division fence
§ 55.1-2825. Requirements for agreement to bind successors in title; subsequent owners
§ 55.1-2827. Courts to fix boundaries of villages to prevent animals from running at large
§ 55.1-2828. Petition for action to fix boundaries of village or unincorporated community
§ 55.1-2829. Entry of order if petition not contested
§ 55.1-2830. Procedure in case of contest
§ 55.1-2832. Animals shall not run at large after entry of order
§ 55.1-2834. Owner of domesticated livestock liable for trespasses
§ 55.1-2835. Damages recoverable for timber cutting
§ 55.1-2836. Procedure for determination of damage
§ 55.1-2837. When person damaged may proceed in court
§ 55.1-2838. Larceny of timber; penalty
§ 55.1-2839. Larceny of timber; failure to remit payment to owner; penalty
§ 55.1-2840. Load tickets required for certain sales of timber; penalty