Holly Hill Farm Corp. v. Rowe

The question we confront in this declaratory judgment proceeding is whether the trial court erred in declaring a portion of Virginia’s division fence law unconstitutional special legislation, as applied to a particular group of landowners.

Initially, we will review the development of the law relating to division fences. At common law, every landowner’s boundary line was a lawful fence, and when cattle trespassed upon another’s land the cattle owner was liable in damages. Burks Pleading and Practice § 398 at 778 (4th ed. 1952).

In Virginia, with certain exceptions not pertinent here, the…