Fairfax County, VA Fence Regulations: Neighbor Fence Rules (2026)

Unlike California (Civil Code §841) and several other states, Virginia has no statutory "Good Neighbor Fence Act" requiring adjoining landowners to share fence costs. Each Fairfax County property owner is independently responsible for fences on their own property. This means if you want a fence, you pay for it. If you want your neighbor to contribute, you need a written agreement signed before construction specifying cost sharing, maintenance responsibilities, and what happens if one party sells. Without a written agreement, neighbors generally have no legal obligation to contribute, even if they benefit from the fence. "Spite fences" (fences built solely to annoy a neighbor with no legitimate purpose) are subject to common-law nuisance doctrine but have a high bar to prove in Virginia courts. Boundary disputes - where the fence is actually located - are resolved by property surveys and, if necessary, quiet title actions in circuit court. Before installing a fence, homeowners should obtain a stamped survey to avoid costly removal orders if the fence encroaches onto neighboring property. Farm fences on agricultural properties are subject to Virginia Code §55-317 et seq. fence law, which includes some partition-fence doctrine, but this does not apply to typical suburban lots.