Asbury Park, NJ asked in Real Estate Law for New Jersey

Q: My neighbor 2 yrs ago took down all but 2 sections of a deplorable fence that is on our shared boundary line.

My survey clearly shows the fence on the boundary line & at the time of the partial removal she said.... she was going to install a new fence.

This never happened, I now have reached out to her with my plan of a new fence (4' high all Cedar board on board picket), I sent her a picture and a copy of my survey & told her that I would pay for the removal of the two remaining sections that sit on the boundary line.

She is forbidding me to remove the sections, I called the town, they did an inspection & said..."this is a matter for the courts".

My Q is.... since the sections are right on the boundary do I have the right to remove the last 2 sections of deplorable fence without her approval?

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2 Lawyer Answers
Marcel Wurms
Marcel Wurms
Answered
  • Lodi, NJ
  • Licensed in New Jersey

A: If the fence is right on the property line, then generally, she also had no right to take the down fence two years ago without your permission.

That may give you the leverage you need. However, the easier answer may for you to just put up your own fence on your property, and hide her fence.

1 user found this answer helpful

Marcel Wurms
Marcel Wurms
Answered
  • Lodi, NJ
  • Licensed in New Jersey

A: With respect to my earlier answer, I neglected to include the following disclaimer:

Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice. An attorney should be contacted for specific legal advice. Any advice given here does not create an attorney-client relationship.

1 user found this answer helpful

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