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Virginia couple's dream garden sparks dispute over backyard land

By · Via Times of India · Published by Everything Blog

In short

The conflict began when a real estate agent informed the Ellerbes that part of their South Dunlop Street backyard belonged to an adjacent Wilcox Street parcel slated for sale. After workers removed fence sections without providing official deeds, the couple retained legal counsel and secured a temporary restraining order. A Petersburg judge has halted further fence alterations through November 19, 2026, while citing concerns over unrecorded surveys and missing documentation.

Key points

  • The property dispute centers on conflicting historical archives that include an 1853 plat…: The property dispute centers on conflicting historical archives that include an 1853 plat alongside a 1917 deed.
  • Presiding judicial authorities questioned whether the survey presented by the neighboring…: Presiding judicial authorities questioned whether the survey presented by the neighboring owner had been officially recorded.
  • Local municipal officials from the Petersburg assessor's office classified the ongoing pr…: Local municipal officials from the Petersburg assessor's office classified the ongoing property conflict as a strictly private legal matter.

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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. 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. 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. 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.

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. The couple gradually transformed it into a garden, adding grass, fencing and vegetable beds where they grew flowers, zucchini, squash and bush beans.

The garden also gave the family, which includes two toddlers,…

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