Legal Question in Real Estate Law in New Jersey
Property Line Dispute
My mothers neighbor of 43 years has decided to sell her home. After 43 years of a existing fence (put in by us) and multiple trees, the neighbor now claims for the first time ever that the fence and trees are 4 feet onto her property. She refuses to provide any documentation, such as a current survey or letter from the township to indicate that this is fact and not just an attempt to make her property more athestically pleasing. On Friday, the tree service she hired came into my mothers fenced property and cut down the two healthy 40 ft.+ shade trees to the stump, which have been growing for over 40 years. This was done without permission from or notification to my mother, the homeowner. In fact, we had told her in a phone conversation and in a letter that she was not to touch the trees or the fence until we received proof from her of this claim. In a phone call received earlier this morning, she stated she has the right to cut the trees and move the fence, and that she does not have to present us with any proof, nor does she have to give notification to come on my mother's private property. What legal rights do we have in this situation, and what course of action can I take? Thank you.
2 Answers from Attorneys
Re: Property Line Dispute
These kinds of disputes usually do not result in such horrible damage. Cutting down mature shade trees for no good reason is outrageous, regardless of who owns them.
As the other attorney said, you are likely in the right on this. You will need to decide whether this is worth paying a lawyer to go fight for you.
The next thing likely to happen is she will cut down the fence!
I see you are in Englishtown.
If you would like me to assist, please call my office. I am in Hackensack. A half hour consultation will be $75.00. You can then decide how you would like to proceed.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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Re: Property Line Dispute
� 2A:14-6. 20 years; right of entry into real estate
You state that your mother asserted interest in the property for 43 years.
NJ law is:
"Every person having any right or title of entry into real estate shall make such entry within 20 years next after the accrual of such right or title of entry, or be barred therefrom thereafter."
Based on these facts you may bring a quit title action against the neighbor to locate the property line at the fence line. However you may want to have the property surveyed to see exactly were the deed states the property line is. Perhaps you will be able to recover damages for taking down the fence and the trees.
Now you will have to decide whether it is worth litigating this issue.
Good luck to you.
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