The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-12-18
Line Fences.

OF ne
I sir,-Will you please inform mo through
your Query and Answer Column In your
next weekly paper what the law Is In this
State in regard to making line fences?
II one party wants to make a limo fence
and his neighbor does not, Is there any
law which can compel the ne ghbor to
make line fences? And obllge,E 54
80 Yours truly,
n, @ Fly. RAETTIG.
Section 205e. vlrgi MIA Code Annotated.
provides that any person wishing to build
"a division fence may notify in writing
the proprietor OF any ad joining lands. and
the person so notified unless no shall.
within ten days. serve a notice In writing
on the person desiring to build the fence
that lie elects TO let his lands lie open.
shall DO liable to the person building the
fence for his Just proportion OF the ex-3
&penses thereof. So 1t would seem that q
person cannot be compelled to join In the
building 4 Of a. line fence unless. after
notice. from the adjoining property owner,
he fails Within ten days to give notice
I that HE desires his lands TO lie open.
hi We have SO many queries in reference
to division fences that we here add for
the convenience Of our readers the en- tire
statute law. OF Virginia on the subject
as given by John Garland Pollard in his
recent Annotated Code OF Virginia:
Section 2o6S. Division Fences.--Wl1e here
two or more persons have lands adjoining,
each OF them shall make and maintain q
just proportion, Of the division fence be-
tween them, except the owner or owners
OF either Of the adjoining lands shall
choose to let such land lie open.
Section 3o54. When proportion Of cost
OF fence to be refunded. W here a. person
has chose to let his land lie open, IL he
shall afterwards enclose 1t, he shall re-
fund to tho owner OF tho adjoining land
just proportion OF the value at that
time OF any division fence that has been!
made by such adjoining owner.
3 Section 2Q65, How ITS value deter-S
lminedT The value OF such fence, and the
proportion thereof to be paid by such
person. and the proportion Of the division
fence to be built by him. In case Of his
enclosing his land, shall be determined,
in case the parties cannot agree. by three
persons, to be agreed upon BY them; and
IL they cannot SO agree. by three dis
Interested persons. to be appointed by the
Circuit Court, on motion Of either party.
after reasonable notice to the other.
doO2-s-4. page 576,) ,5is
Section 2056. Disputes as to fences; how
settled-lf a dispute arises between the
owners OF adjoining lands concerning the
proportions or partlcularrpart OF q fence
to be maintained or made by either Of
Them or the amount to be paid by one
party to the otller for any fence ALREADY
built or maintained. such dispute shall
be settled by three persons, to be Sc
lected as provided in the preceding sec
ton; and tho amount S ascertained to be
paid by one party to the other may be
recovered by action or warrant according
to the amount.
Section ao57, Duty OF nrbltrators; their
decision nnal,-The persons SO selected
shall examine the promises and hear the
proofs and allegations of the parties; and
tive decision OF any two OF them shall be
anal, and bind the parties to such dis
pute, and all parties holding or claiming
under them,
Section 2O5s To be IN writing and re-
corded. THE decision made under either
OF the three preceding sectlons shall be
reduced to writing, and contain q de-,
.scr ption OF the fence to he built or kept
in repair, or both, and OF the proportion
to be maintained by each party. which
decision shall be forthwith nlNd In tie
Office of tho clerk of the Circuit Court
of the county. and be recorded In " book
to he kept bySllim for that purpose,
Q902-8-4, page 67d)
Section 2Ga9, Proceedings for erection
or repair OF ces.--4Any person desiring!
10 Guild such division fence, or to repatr
the same when 1t Is not q lawful FENCE
may. give notice In writing to the ;proprle-
tor of any adjoining lands or 70 his
agent, of his intention TO build or repair
such fence, and require him to build or
repair his Just proportion thereof The
person so served With such notice shall.
fkn,. r. AGA III