Neighbor Damaged Common Fence on Boundary

[Lynn Leesa]

What is the name of your state (only U.S. law)? Virginia

My neighbor recently demolished the house next door and built another in its place. While grading the dirt around the house, he repeatedly bumped into and severely damaged a chain link fence between our properties. According to the survey that was done when I purchased my house 7 years ago, this fence was directly on the property line. I don't know who originally erected this fence, as it has been there much longer than either me or my neighbor has owned our houses.

Since my neighbor damaged this fence that was on the property line, is he liable for repairing it?

Thanks.

 

[justalayman]

Virginia has some common fence laws. If this is a common fence, then yes, I believe you would have a claim to demand he pay for the repairs.

If it is your fence, he obviously he would be liable for the damages.

If it is his fence, then he can do with the fence what he wants.


I believe your problem is going to prove which of the 3 categories it falls under and I have no idea how to ascertain the info needed to make that determination.

If you are in to laws, here is a link for the chapter of Virginia fence laws:

Virginia Chapter 18 - Trespasses; Fences - Virginia Code - Virginia Law - Virginia Statutes :: Justia

 

[Lynn Leesa]

Thank you!

Thank you!