Legal Question in Real Estate Law in New Jersey

Re: Fences

Local ordinances may govern various restrictions on fences around residential property--i.e. height, set-back from property line, color, composition, etc.

Your question is unclear. A property owner can only put up a fence WITHIN their property line, not "around" their property line. Often, fences will be put up directly on the property line itself, which is a mistake, because this generates boundary disputes with the neighbors.

If the fence is put up beyond your own property line, i.e., encroaches on a neighbor's lot, then the fence-builder is liable in trespass and may be compelled to tear the fence down. Even if the fence is put up exactly on the property line, the neighbor certainly has grounds to complain and might also have grounds to modify or alter that side of the fence facing the neighbor's property.

However, if the fence is a nice one, it usually serves a valid function for both property owners, and therefore, the neighbor might not feel the need to take any action.

If you put your fence up entirely within your own property line, say, six inches inside your property line, you are still the legal owner of the property beyond the fence. Your ownership extends to the property line, for example, as shown in a survey, not to the fence line.

Of course, if you put a fence within your property line, and over a long period of time, a neighbor makes exclusive use of that property, at some point, that may create a legal claim in the neighbor to that part of your property.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

Re: Fences

Fence ordinances are municipally, not state statutes. You must check if your community has such an ordinance, which will specify what can and what cannot be done. In many communities, by way of example, the neat side of the fence must face the adjoining property, with the rough side facing in. This presumes that the fence is more than chain-link. If you are an adjoining property owner, you must be sure the fence does not cross your neighbor's property line, which could create future rights if it does and you do nothing to have it removed from encroaching on your property. If the fence is in his property, he still owns the remainder of the property beyond the fence, to his actual property line.