Herndon, VA Fence Regulations: Neighbor Fence Rules (2026)

Unlike California and some other states, Virginia does not have a Good Neighbor Fence Act or similar statute requiring neighbors to share fence construction and maintenance costs. Each property owner in Herndon is individually responsible for fences on their property. If neighbors wish to share costs, they should execute a written agreement recorded with the Fairfax County land records to bind future owners. Without written agreement, the installing neighbor owns, maintains, and replaces the fence. Fences typically must be set entirely on the installing owners property, not directly on the line, to avoid encroachment disputes. The finished or attractive side of a fence traditionally faces the neighbor, though this is custom rather than law in Virginia. Boundary disputes are resolved through surveyors and, if needed, circuit court. HOA common area fences are maintained by the HOA under its covenants. Damage caused by a neighbor, such as tree falls or vehicle strikes, may create liability claims separate from shared cost principles.