{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/55.1-2822.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/55.1-2822.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/55.1-2822.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/55.1-2822.html"}],"law_id":369810,"edition_id":2,"section_id":369810,"structure_id":52675,"section_number":"55.1-2822","catch_line":"When no division fence has been built","history":"Code 1950, \u00a7 8-888; 1977, c. 624, \u00a7 55-318; 1985, c. 486; 2019, c. 712.","full_text":"If no division fence has been built, either one of the adjoining landowners may give notice in writing of his desire and intention to build such fence to the landowner of the adjoining land, or to his agent, and require him to build his half of such fence. The landowner so notified may, within 10 days after receiving such notice, give notice in writing to the person so desiring to build such fence, or to his agent, of his intention to let his land lie open. If the landowner giving the original notice subsequently builds such division fence and the landowner who has so chosen to let his land lie open, or his successors in title, subsequently encloses his land, he, or his successors, shall be liable to the landowner who built such fence, or to his successors in title, for one-half of the value of such fence at the time such land was so enclosed, and such fence shall thereafter be deemed a division fence between such lands.\n\nIf, however, the person so notified fails to give notice of his intention to let his land lie open, and fails to agree, within 30 days after being so notified, to build his half of such fence, he shall be liable to the person who builds the fence for one-half of the expense, and such fence shall thereafter be deemed a division fence between such lands.\n\nNotwithstanding the provisions of this section, no successor in title shall be liable for any amount prior to the recordation and proper recordation of the notice in the clerk’s office of the county in which the land is located.\n\n","order_by":null,"text":{"0":{"id":1379711,"text":"If no division fence has been built, either one of the adjoining landowners may give notice in writing of his desire and intention to build such fence to the landowner of the adjoining land, or to his agent, and require him to build his half of such fence. The landowner so notified may, within 10 days after receiving such notice, give notice in writing to the person so desiring to build such fence, or to his agent, of his intention to let his land lie open. If the landowner giving the original notice subsequently builds such division fence and the landowner who has so chosen to let his land lie open, or his successors in title, subsequently encloses his land, he, or his successors, shall be liable to the landowner who built such fence, or to his successors in title, for one-half of the value of such fence at the time such land was so enclosed, and such fence shall thereafter be deemed a division fence between such lands.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1379712,"text":"If, however, the person so notified fails to give notice of his intention to let his land lie open, and fails to agree, within 30 days after being so notified, to build his half of such fence, he shall be liable to the person who builds the fence for one-half of the expense, and such fence shall thereafter be deemed a division fence between such lands.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1379713,"text":"Notwithstanding the provisions of this section, no successor in title shall be liable for any amount prior to the recordation and proper recordation of the notice in the clerk’s office of the county in which the land is located.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":52675,"edition_id":2,"name":"Division Fences","identifier":"6","label":"article","depth":4,"order_by":6,"parent_id":52669,"metadata":{"child_laws":6,"child_structures":0},"date_created":"2026-08-02 03:02:55","date_modified":"2026-08-02 12:35:33","permalink":{"id":1475285,"object_type":"structure","relational_id":52675,"identifier":"6","token":"55.1\/V\/28\/6","url":"\/55.1\/V\/28\/6\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52669,"edition_id":2,"name":"Trespasses; Fences","identifier":"28","label":"chapter","depth":3,"order_by":5,"parent_id":52661,"metadata":{"child_laws":42,"child_structures":8},"date_created":"2026-08-02 03:02:53","date_modified":"2026-08-02 12:35:33","permalink":{"id":1475189,"object_type":"structure","relational_id":52669,"identifier":"28","token":"55.1\/V\/28","url":"\/55.1\/V\/28\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52661,"edition_id":2,"name":"Miscellaneous","identifier":"V","label":"subtitle","depth":2,"order_by":5,"parent_id":52600,"metadata":{"child_laws":165,"child_structures":20},"date_created":"2026-08-02 03:02:42","date_modified":"2026-08-02 12:35:31","permalink":{"id":1474773,"object_type":"structure","relational_id":52661,"identifier":"V","token":"55.1\/V","url":"\/55.1\/V\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52600,"edition_id":2,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":120,"parent_id":null,"metadata":{"child_laws":875,"child_structures":101},"date_created":"2026-08-02 03:01:36","date_modified":"2026-08-02 12:35:20","permalink":{"id":1471771,"object_type":"structure","relational_id":52600,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":369809,"structure_id":52675,"section_number":"55.1-2821","catch_line":"Obligation to provide division fences","url":"\/55.1-2821\/","token":"55.1\/V\/28\/6\/55.1-2821","metadata":false},{"id":369810,"structure_id":52675,"section_number":"55.1-2822","catch_line":"When no division fence has been built","url":"\/55.1-2822\/","token":"55.1\/V\/28\/6\/55.1-2822","metadata":false},{"id":369811,"structure_id":52675,"section_number":"55.1-2823","catch_line":"When division fence already built","url":"\/55.1-2823\/","token":"55.1\/V\/28\/6\/55.1-2823","metadata":false},{"id":369812,"structure_id":52675,"section_number":"55.1-2824","catch_line":"Recovery of amount due in connection with division fence","url":"\/55.1-2824\/","token":"55.1\/V\/28\/6\/55.1-2824","metadata":false},{"id":369813,"structure_id":52675,"section_number":"55.1-2825","catch_line":"Requirements for agreement to bind successors in title; subsequent owners","url":"\/55.1-2825\/","token":"55.1\/V\/28\/6\/55.1-2825","metadata":false},{"id":369814,"structure_id":52675,"section_number":"55.1-2826","catch_line":"How notice given","url":"\/55.1-2826\/","token":"55.1\/V\/28\/6\/55.1-2826","metadata":false}],"previous_section":{"id":369809,"structure_id":52675,"section_number":"55.1-2821","catch_line":"Obligation to provide division fences","url":"\/55.1-2821\/","token":"55.1\/V\/28\/6\/55.1-2821","metadata":false},"next_section":{"id":369811,"structure_id":52675,"section_number":"55.1-2823","catch_line":"When division fence already built","url":"\/55.1-2823\/","token":"55.1\/V\/28\/6\/55.1-2823","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2822\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1977, chapter 624; in 1985, chapter 486; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":369812,"section_number":"55.1-2824","catch_line":"Recovery of amount due in connection with division fence","order_by":null,"url":"\/55.1-2824\/"},{"id":369813,"section_number":"55.1-2825","catch_line":"Requirements for agreement to bind successors in title; subsequent owners","order_by":null,"url":"\/55.1-2825\/"}],"refers_to":false,"permalink":{"id":1475291,"object_type":"law","relational_id":369810,"identifier":"55.1-2822","token":"55.1\/V\/28\/6\/55.1-2822","url":"\/55.1-2822\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/55.1-2822\/","token":"55.1\/V\/28\/6\/55.1-2822","dublin_core":{"Title":"When no division fence has been built","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2822","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If no division fence has been built, either one of the adjoining landowners may give notice in writing of his desire and intention to build such fence to the landowner of the adjoining land, or to his agent, and require him to build his half of such fence. The landowner so notified may, within 10 days after receiving such notice, give notice in writing to the person so desiring to build such fence, or to his agent, of his intention to let his land lie open. If the landowner giving the original notice subsequently builds such division fence and the landowner who has so chosen to let his land lie open, or his successors in title, subsequently encloses his land, he, or his successors, shall be liable to the landowner who built such fence, or to his successors in title, for one-half of the value of such fence at the time such land was so enclosed, and such fence shall thereafter be deemed a division fence between such lands.<\/p>

If, however, the person so notified fails to give notice of his intention to let his land lie open, and fails to agree, within 30 days after being so notified, to build his half of such fence, he shall be liable to the person who builds the fence for one-half of the expense, and such fence shall thereafter be deemed a division fence between such lands.<\/p>

Notwithstanding the provisions of this section, no successor in title shall be liable for any amount prior to the recordation and proper recordation of the notice in the clerk’s office of the county in which the land is located.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN NO DIVISION FENCE HAS BEEN BUILT (\u00a7 55.1-2822)\n\nIf no division fence has been built, either one of the adjoining landowners may\ngive notice in writing of his desire and intention to build such fence to the\nlandowner of the adjoining land, or to his agent, and require him to build his\nhalf of such fence. The landowner so notified may, within 10 days after\nreceiving such notice, give notice in writing to the person so desiring to build\nsuch fence, or to his agent, of his intention to let his land lie open. If the\nlandowner giving the original notice subsequently builds such division fence and\nthe landowner who has so chosen to let his land lie open, or his successors in\ntitle, subsequently encloses his land, he, or his successors, shall be liable to\nthe landowner who built such fence, or to his successors in title, for one-half\nof the value of such fence at the time such land was so enclosed, and such fence\nshall thereafter be deemed a division fence between such lands.\n\nIf, however, the person so notified fails to give notice of his intention to let\nhis land lie open, and fails to agree, within 30 days after being so notified,\nto build his half of such fence, he shall be liable to the person who builds the\nfence for one-half of the expense, and such fence shall thereafter be deemed a\ndivision fence between such lands.\n\nNotwithstanding the provisions of this section, no successor in title shall be\nliable for any amount prior to the recordation and proper recordation of the\nnotice in the clerk’s office of the county in which the land is located.\n\nHISTORY: Code 1950, \u00a7 8-888; 1977, c. 624, \u00a7 55-318; 1985, c. 486; 2019, c.\n712.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}