New neighbors

sum1difrnt

New Member
Jurisdiction
New Jersey
For over 25 years a fence has been up between 2 properties. It was my neighbors fence.I always cut the grass on the other side of this fence. The fence has been rotted down to just rusty posts. Four years ago a new person bought that house. Now suddenly there putting up a new fence and say its coming 1 foot towards my property which on there survey says the property line is. I just want to know if this is legal.
Thank you
 
It's legal for them to put a fence on the property line.

If you dispute the location of the property line, pay for your own survey.
 
Ditto.
Fortunately it's only 1 foot, but if the survey has correctly identified the property line then there is nothing to do. You may have enjoyed that extra foot that wasn't yours for 25 years! If you get a conflicting survey then you can consider other options then.
It is not uncommon for fences to be a bit over the property line, especially older fences that were done with old and less accurate survey equipment.
 
You might wish to consult a real estate attorney in your county.

ADVERSE POSSESSION just might mean that 1 foot is already YOUR property:

Adverse possession in New Jersey is established from the nature of a trespasser's possession and the length of time he or she possesses the land.

A trespasser's possession must be:

1) hostile (against the right of the true owner and without permission)

2) actual (exercising control over the property)

3) exclusive (in the possession of the trespasser alone)

4) open and notorious (using the property as the real owner would, without hiding his or her occupancy), and

5) continuous for the statutory period (which is 20 years in New Jersey for most types of property under N.J. Stat. Ann. § 2A:14-6, but 30 years for "uncultivated lands," such as a woods, under N.J. Stat. Ann. § 2A:14-30).

For example, imagine that Brian and Jane live next to one another in Princeton.

There is no dividing fence or boundary between their yards.

Brian builds a shed that is actually on Jane's side of the property, covering about 15 square feet of earth. Jane doesn't say anything.

Brian uses the shed as if it were on his own land. He does this for twenty years.

Under the rubric described above, Brian can probably establish that he "owns" the land on which he was encroaching.

Jane could have stopped Brian by demanding over those 20 years that he remove his shed, or sign a rental agreement.

But New Jersey courts will not allow her to suddenly eject Brian after sitting on her rights for two decades.

Laws on Adverse Possession in New Jersey | Sapling.com
 
Thank you for your time and knowledge. I been cutting the grass upto the fence for 20 years but my wife who grew up here as a kid has told me that fence has been up 50 years as it was installed because that neighbor put up a pool. Any idea what this might cost me? Could it some how be done with me paying a lawyer to send them a letter and then taking them to court if need be? It seems all lawyers are off today. Can I ask the police I have a dispute amd tell them not to remove the rusted posts, whats left of them over the 50 years. And today I guess I'll take photos of these posts.

Thank you so much!
 
Thank you for your time and knowledge. I been cutting the grass upto the fence for 20 years but my wife who grew up here as a kid has told me that fence has been up 50 years as it was installed because that neighbor put up a pool. Any idea what this might cost me? Could it some how be done with me paying a lawyer to send them a letter and then taking them to court if need be? It seems all lawyers are off today. Can I ask the police I have a dispute amd tell them not to remove the rusted posts, whats left of them over the 50 years. And today I guess I'll take photos of these posts.

Thank you so much!


Talk to a lawyer tomorrow.

You and the lawyer you hire can devise a strategy.
 
For over 25 years a fence has been up between 2 properties. It was my neighbors fence.

I assume this means the fence is on your neighbor's property, but you didn't tell us how far onto the neighbor's property it is.

a new person bought that house. Now suddenly there putting up a new fence and say its coming 1 foot towards my property which on there survey says the property line is.

So...the neighbor wants to put up a new fence that is actually on the property line. Right?

I just want to know if this is legal.

Why wouldn't it be?

As far as adverse possession, I doubt you could satisfy the "hostile" element, but you certainly can consult with a local attorney.
 
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