A Virginia couple who transformed the gravel backyard of their century-old home into a garden for their two toddlers have found themselves caught in a property-boundary dispute after a neighbouring property owner claimed part of the land belonged to him.
asserted
part → transform → him
Brittany Ellerbe and her husband bought the house in Petersburg in 2025 and turned the outdoor space into a garden with grass, flowers and vegetable beds.
asserted
Ellerbe → buy → grass
About a year later, the dispute escalated when workers arrived to remove part of their fence at the request of the neighbouring property's seller.
asserted
workers → escalate → seller
The couple challenged the move in court, and a judge subsequently ordered that the fence could not be removed or relocated while the legal dispute continued.
uncertain
dispute → challenge → court
How a backyard makeover led to a dispute
When Brittany Ellerbe and her husband bought their home on South Dunlop Street in Petersburg, Virginia, the backyard was largely covered in gravel.
asserted
backyard → lead → gravel
The couple gradually transformed it into a garden, adding grass, fencing and vegetable beds where they grew flowers, zucchini, squash and bush beans.
asserted
they → transform → flowers
The garden also gave the family, which includes two toddlers, a private outdoor space.
asserted
which → give → space
But the transformation became the centre of a dispute about a year after they purchased the property.
asserted
they → become → property
According to a report by local broadcaster 12 On Your Side, a realtor representing the seller of a neighbouring house on Wilcox Street told Ellerbe that part of the backyard, including an area near the couple's steps, belonged to his client.
uncertain
part → accord → client
The realtor reportedly said part of the fence would have to be removed so the neighbouring property could be sold.
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property → say → fence
Workers arrive to remove part of the fence
Ellerbe told 12 On Your Side that the couple received no further communication for months before the seller arrived with a truck carrying workers who began removing part of the fence.
asserted
who → arrive → fence
The couple subsequently received a letter from an attorney and a land survey showing boundary lines.
asserted
couple → receive → lines
Part of the removed fencing was reportedly used to enclose another section of the neighbouring property.
uncertain
Part → remove → property
The incident prompted the couple to seek legal help.
asserted
incident → prompt → help
Ellerbe said they had not received a physical survey, a deed or a letter from an attorney before the fence was removed.
asserted
fence → say → attorney
The dispute centres on whether the contested section of the backyard legally belongs to the couple or the neighbouring property owner.
asserted
section → centre → couple
The available reporting has not established that either side has conclusively proved its claim.
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side → establish → claim
A judge intervenes in the boundary dispute
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judge → intervene → dispute
After hiring a lawyer, the couple obtained a court order in early October 2026.
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couple → hire → October
According to 12 On Your Side, a Petersburg judge granted an injunction and a temporary restraining order preventing the fence from being removed or moved until November 19, 2026.
uncertain
judge → accord → November
The order temporarily restricts further changes to the fence while the dispute proceeds.
asserted
dispute → restrict → fence
It does not constitute a final ruling on ownership of the disputed land.
asserted
It → constitute → land
The case has raised questions about the property's historical records.
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case → raise → records
Ellerbe told the broadcaster that the documents she had traced included an 1853 plat and a 1917 deed.
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she → tell → plat
She said she had struggled to find a recorded survey that clearly established the boundary.
asserted
that → say → boundary
The judge reportedly raised concerns about missing records and whether the survey had been recorded.
uncertain
survey → raise → records
The underlying deeds, historic plats and survey would need to be examined to determine what they establish about the land.
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they → underlie → land
What the city and neighbouring owner have said
The Petersburg assessor's office told 12 On Your Side that the matter appeared to be a legal dispute between property owners.
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matter → say → owners
The broadcaster also visited the neighbouring property and left contact information for the homeowner but reported that it had not received a response by the time its report was published.
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report → visit → time
As a result, the publicly available account contains more detail from Ellerbe's side than from the neighbouring owner's perspective.
asserted
account → contain → perspective
The legal dispute remains focused on the property boundary and the evidence available to establish ownership.
asserted
dispute → remain → ownership
Why property surveys matter to homebuyers
The dispute highlights the importance of checking property boundaries when buying a home, particularly when fences, older deeds or historic land records are involved.
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fences → matter → home
Virginia's residential property disclosure guidance advises buyers to carry out their own due diligence because sellers do not make representations about current property lines.
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sellers → advise → lines
Buyers can seek information from local authorities and consider obtaining a property survey to help establish the boundaries of a parcel.
asserted
Buyers → seek → parcel
A survey can provide important evidence, but a disagreement over ownership may also require examining deeds, historic plats and other legal records.
uncertain
disagreement → provide → deeds
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