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Virginia couple in legal dispute over backyard garden boundary

A judge has issued an injunction to prevent the removal of a fence while a property ownership dispute continues in Petersburg.

A couple in Petersburg, Virginia, is involved in a legal dispute after a neighbour claimed part of their backyard belongs to him, according to a report by the Times of India.

Brittany Ellerbe and her husband purchased a century-old home on South Dunlop Street in 2025 and converted the gravel backyard into a garden for their two toddlers.

The dispute escalated when workers arrived to remove part of the couple's fence at the request of a seller from a neighbouring property on Wilcox Street.

Ellerbe told 12 On Your Side that the couple received no communication before the fence removal and had not seen a physical survey or deed prior to the incident.

A Petersburg judge granted an injunction and a temporary restraining order in early October 2026, preventing the fence from being moved or removed until November 19, 2026.

The judge reportedly raised concerns regarding missing records, as Ellerbe noted difficulty finding a recorded survey despite tracing an 1853 plat and a 1917 deed.

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