Q: My new neighbor says the existing wire fence is on their property. Do I have to take it down?
My neighbor is planning to build a fence between our properties. The town has approved. Recently, they told me the existing wire fence is on their property. This wire fence was there when I bought the place 10+ years ago. My neighbor moved in 2-3 years ago, so it was there when they moved in. Do I need to take it down? In the checking the land survey, it indeed appears to be on their property.
A: The following answer is limited to New Jersey law. When you purchased your property did you obtain a survey? If yes, what did it show? Next, did you obtain a title insurance policy when you purchased the property? If yes, was there a survey endorsement the policy? If yes, does it exclude the possible dislocation of the fence? Do you have a copy of the title insurance policy? If yes, contact the company to discuss what obligations does the insurance company have and what rights and expectations do you have. If all of the above were to be negative and your survey confirms the dislocation of the fence, it will be your obligation to have the fence removed at your expense.
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