No agreement made between adjoining landowners, with respect to the construction or maintenance of the division fence between their lands, shall be binding on their successors in title unless it (i) is in writing and specifically so state, (ii) is recorded in the deed book in the clerk's office of the county in which the land is located, and (iii) is properly indexed as deeds are required by law to be indexed.
If any notice, as required by § 55.1-2822 or 55.1-2823 is recorded in the deed book in the clerk's office of the county in which the land is located and is properly indexed as deeds are required by law to be indexed, then any subsequent owners of such land shall be liable for any sum that may be due pursuant to § 55.1-2824.
Code 1950, § 8-891; 1977, c. 624, § 55-321; 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