Contrary to what people sometimes expect, fences can damage the relationships between adjacent homeowners. Sometimes, disputes relate to the maintenance of the fence. Other times, the placement of a fence could lead to arguments and possibly even litigation.
Can a neighbor installing a new fence (lawfully) place it over the boundary line that separates two properties?
Boundary fences require careful placement
Typically, those erecting a fence have two options. They can choose to place the fence and its support posts on their side of the boundary line, thereby eliminating any potential conflict with neighbors regarding placements and maintenance.
They can also potentially install the fence directly at the boundary line. In such cases, accurate information about the boundary is critical. Otherwise, one neighbor might install a fence on a neighbor’s property, effectively assuming control over a small amount of their neighbor’s land.
A neighbor who is aware of plans to erect a fence over what they believe is the boundary line may need to take prompt legal action. It may be possible to delay the installation of the fence until after the resolution of the boundary line dispute in some cases.
If the neighbor erects the fence without waiting for feedback or despite the disagreement about the placement of the boundary, then litigation may be the only option. In some cases, property owners may have to remove or reinstall the fencing to avoid violating the real property rights of the neighboring owner.
Both those experiencing pushback over the placement of a fence and those concerned about a proposed fencing project may need insight into their rights under New Jersey real estate laws. Reviewing deeds and other information with an attorney can help property owners minimize the economic setbacks possible in a disputed boundary fence scenario.
