A Petersburg judge has frozen a volatile backyard battle, ordering that no one touch the fence until November 19, 2026. The ruling grants Brittany Ellerbe and her husband a temporary restraining order after workers arrived with a truck to dismantle the structure surrounding their garden. This legal intervention stops the immediate physical conflict but leaves the core question—whose land is this?—wide open.
The couple bought the century-old home on South Dunlop Street in 2025. They transformed a gravel patch into a garden with zucchini, squash, and bush beans for their two toddlers. Then, the trouble started. A realtor representing the seller of the neighboring property on Wilcox Street claimed part of the backyard, specifically near the Ellerbe’s steps, belonged to his client. No survey. No deed. No prior letter. Just a claim that the fence had to go so the house could sell.
Ellerbe told 12 On Your Side she received no physical survey or legal notice before the workers showed up. They began removing sections of the fence, some of which were reportedly reused to enclose another part of the neighboring lot. The couple hired a lawyer immediately. The judge’s concern centers on missing records. Ellerbe pointed to an 1853 plat and a 1917 deed, but she struggled to find a recorded survey that clearly defined the line. The court needs these documents to decide who owns the dirt.
The Petersburg assessor’s office called it a legal dispute between owners. The neighboring homeowner did not respond to 12 On Your Side’s attempts to comment. This leaves the Ellerbe’s account as the primary public narrative, though the legal battle will ultimately rely on paper, not words. Virginia’s disclosure laws advise buyers to conduct their own due diligence, a lesson this family learned the hard way.
The case now waits on the examination of historic plats and deeds. TheNovember 19 deadline gives both sides time to gather evidence before the judge makes a final call. Until then, the fence stays. The garden stays. The toddlers still have their private outdoor space, protected by a gavel, not a nail.