When any fence (i) that has been built and used by adjoining landowners as a division fence, or any fence that has been built by one landowner and the other landowner is afterwards required to pay half of the value or expense of such fence under the provisions contained in this article, and (ii) that has thereby become a division fence between such lands, becomes out of repair to the extent that it is no longer a lawful fence, either one of such adjoining landowners may give written notice to the other, or to his agent, of his desire and intention to repair such fence and require him to repair his half of such fence. If the landowner receiving written notice fails to repair his half within 30 days after being so notified, the one giving such notice may then repair the entire fence so as to make it a lawful fence, and the other shall be liable to him for one-half of the expense of such repairs.
Code 1950, § 8-889; 1977, c. 624, § 55-319; 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