55-318 - When no division fence has been built. - Virginia Statutes

§ 55-318. When no division fence has been built.

When no division fence has been built, either one of the adjoining owners maygive notice in writing of his desire and intention to build such fence to theowner of the adjoining land, or to his agent, and require him to come forwardand build his half thereof. The owner so notified may, within ten days afterreceiving such notice, give notice in writing to the person so desiring tobuild such fence, or to his agent, of his intention to let his land lie open,in which event, and if the one giving the original notice shall build suchdivision fence and the one who has so chosen to let his land lie open, or hissuccessors in title, shall afterwards enclose it, he, or they, as the casemay be, shall be liable to the one who built such fence, or to his successorsin title, for one-half of the value of such fence at the time such land shallbe so enclosed, and such fence shall thereafter be deemed a division fencebetween such lands.

If, however, the person so notified shall fail to give notice of hisintention to let his land lie open, as hereinabove provided, and shall failto come forward within thirty days after being so notified, and build hishalf of such fence, he shall be liable to the person who builds the same forone-half of the expense thereof, and such fence shall thereafter be deemed adivision fence between such lands.

Notwithstanding the provisions of this section, no successor in title shallbe liable for any amount prior to the recordation and proper indexing of theoriginal notice in the clerk's office of the county in which the land islocated.

(Code 1950, § 8-888; 1977, c. 624; 1985, c. 486.)