{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/55.1-2823.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/55.1-2823.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/55.1-2823.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/55.1-2823.html"}],"law_id":369811,"edition_id":2,"section_id":369811,"structure_id":52675,"section_number":"55.1-2823","catch_line":"When division fence already built","history":"Code 1950, \u00a7 8-889; 1977, c. 624, \u00a7 55-319; 2019, c. 712.","full_text":"When any fence (i) that has been built and used by adjoining landowners as a division fence, or any fence that has been built by one landowner and the other landowner is afterwards required to pay half of the value or expense of such fence under the provisions contained in this article, and (ii) that has thereby become a division fence between such lands, becomes out of repair to the extent that it is no longer a lawful fence, either one of such adjoining landowners may give written notice to the other, or to his agent, of his desire and intention to repair such fence and require him to repair his half of such fence. If the landowner receiving written notice fails to repair his half within 30 days after being so notified, the one giving such notice may then repair the entire fence so as to make it a lawful fence, and the other shall be liable to him for one-half of the expense of such repairs.\n\n","order_by":null,"text":{"0":{"id":1379714,"text":"When any fence (i) that has been built and used by adjoining landowners as a division fence, or any fence that has been built by one landowner and the other landowner is afterwards required to pay half of the value or expense of such fence under the provisions contained in this article, and (ii) that has thereby become a division fence between such lands, becomes out of repair to the extent that it is no longer a lawful fence, either one of such adjoining landowners may give written notice to the other, or to his agent, of his desire and intention to repair such fence and require him to repair his half of such fence. If the landowner receiving written notice fails to repair his half within 30 days after being so notified, the one giving such notice may then repair the entire fence so as to make it a lawful fence, and the other shall be liable to him for one-half of the expense of such repairs.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2823\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 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":1475295,"object_type":"law","relational_id":369811,"identifier":"55.1-2823","token":"55.1\/V\/28\/6\/55.1-2823","url":"\/55.1-2823\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/55.1-2823\/","token":"55.1\/V\/28\/6\/55.1-2823","dublin_core":{"Title":"When division fence already built","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2823","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When any fence (i) that has been built and used by adjoining landowners as a division fence, or any fence that has been built by one landowner and the other landowner is afterwards required to pay half of the value or expense of such fence under the provisions contained in this article, and (ii) that has thereby become a division fence between such lands, becomes out of repair to the extent that it is no longer a lawful fence, either one of such adjoining landowners may give written notice to the other, or to his agent, of his desire and intention to repair such fence and require him to repair his half of such fence. If the landowner receiving written notice fails to repair his half within 30 days after being so notified, the one giving such notice may then repair the entire fence so as to make it a lawful fence, and the other shall be liable to him for one-half of the expense of such repairs.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN DIVISION FENCE ALREADY BUILT (\u00a7 55.1-2823)\n\nWhen any fence (i) that has been built and used by adjoining landowners as a\ndivision fence, or any fence that has been built by one landowner and the other\nlandowner is afterwards required to pay half of the value or expense of such\nfence under the provisions contained in this article, and (ii) that has thereby\nbecome a division fence between such lands, becomes out of repair to the extent\nthat it is no longer a lawful fence, either one of such adjoining landowners may\ngive written notice to the other, or to his agent, of his desire and intention\nto repair such fence and require him to repair his half of such fence. If the\nlandowner receiving written notice fails to repair his half within 30 days after\nbeing so notified, the one giving such notice may then repair the entire fence\nso as to make it a lawful fence, and the other shall be liable to him for\none-half of the expense of such repairs.\n\nHISTORY: Code 1950, \u00a7 8-889; 1977, c. 624, \u00a7 55-319; 2019, c. 712.","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"}}