Who is Responsible for a Fence Encroachment in Portsmouth, Virginia?

Question from swayze, Who is Responsible for a Fence Encroachment in Portsmouth, Virginia?

Answer from AI:

In general, if a fence is encroaching onto a neighbor’s property, the owner of the fence is typically responsible for correcting the issue. However, the specifics can vary based on local laws, the details of the situation, and any agreements between the neighbors.

Understanding Property Lines and Encroachments

In Virginia, as in most states, property lines are determined by the deed to the property, which should include a legal description of the property’s boundaries. If a fence or other structure is built over the property line, this is known as an encroachment.

If an encroachment is discovered, the property owner who is being encroached upon typically has the right to request that the encroachment be removed. This is usually the responsibility of the person who owns the encroaching structure.

Addressing Fence Encroachments

In the case of a fence encroachment, the following steps are typically taken:

1. Verification of Property Lines: The first step is to verify the property lines. This can be done by reviewing the property deed or hiring a surveyor. If the fence is indeed encroaching, the next steps can be taken.
2. Discussion with Neighbor: It’s often best to discuss the issue with the neighbor. They may not be aware of the encroachment, and a resolution may be reached without legal action.
3. Legal Action: If a resolution cannot be reached, legal action may be necessary. This could involve a lawsuit to force the removal of the encroachment.

Financial Responsibility

In most cases, the financial responsibility for correcting a fence encroachment falls on the owner of the fence. This could involve the costs of moving the fence, legal fees, and potentially damages if a lawsuit is involved.

Adverse Possession

One potential complication is the concept of adverse possession. In Virginia, if a person uses another’s property openly, continuously, and without permission for a period of 15 years, they may gain legal ownership of that property. However, this is a complex area of law and would likely require consultation with a legal professional.

It’s important to note that this information is general in nature and may not apply to all situations. For specific advice related to a fence encroachment issue, it’s recommended to consult with a legal professional.