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As a homeowner in New Jersey, you need to know the state’s laws on property encroachment. Encroachment occurs when a structure, such as a fence, extends beyond your property lines onto your neighbor’s land.
This can lead to disputes and, in some cases, lawsuits. Knowing the basics of New Jersey law regarding encroachment, property lines and adverse possession can prevent issues and protect your land.
What is Property Encroachment
Encroachment happens when a property owner builds or places a structure that extends beyond their property lines and onto their neighbor’s land. This can be fences, driveways, sheds or even landscaping features. Property owners face encroachment issues due to misunderstandings on property boundaries or mistakes during construction.
While some minor encroachments may go unnoticed, others can lead to big problems. For example, if a fence crosses onto a neighbor’s property, the neighbor has the right to take legal action to have it removed. Knowing your property boundaries before installing a fence is the way to avoid these issues.
Property Boundaries
Before installing a fence, you need to confirm your exact property boundaries. The best way to do this is to review your property deed and get a professional land survey. A land surveyor will provide an official report marking the exact property lines so you can ensure any fencing installation stays within the correct lines.
New Jersey law also requires property owners to follow local zoning and building codes which regulate fence height, materials and placement. Checking these regulations before starting your fencing project can prevent legal issues down the road.
Adverse Possession and Encroachment
New Jersey law has a legal principle called adverse possession, which means that under certain circumstances, a person can gain legal ownership of land they have occupied for a long time – even if they don’t have formal ownership. For an adverse possessor to claim land, their possession must be:
- Hostile (without the owner’s permission)
- Open and notorious (visible and obvious)
- Exclusive (not shared with others)
- Continuous for the statutory period (typically 30 years in New Jersey)This means that if a fence or structure remains on a neighbor’s land for decades without dispute, the encroaching party may eventually gain legal ownership of that section of property. However, each case depends on specific legal circumstances and courts in New Jersey consider many factors before granting ownership through adverse possession.
Encroachment Solutions
If you find out a neighbor’s property is on your land or your fence is on a neighbor’s property, here are your options:
- Talk to Your Neighbor – Many property encroachment disputes can be solved through a friendly conversation. Your neighbor may not even know about the issue and a simple conversation can often lead to an agreement.
- Mediation or Negotiation – If a direct conversation doesn’t work, professional mediation can help both parties reach a fair solution without going to court.
- Legal Action – If all else fails, property owners can go to court. New Jersey courts can order the removal of an encroaching structure or in some cases allow the encroachment to remain under certain conditions such as requiring compensation to the affected owner.
Do You Need a Permit to Install a Fence in New Jersey?
Many New Jersey municipalities require property owners to obtain a zoning permit before installing a fence. The permit application process typically involves submitting a property survey with the proposed fence location marked. If a fence is built without the proper permits, it may need to be removed at the owner’s expense.
At Eastcoast Fence, we assist property owners in obtaining the necessary permits and ensuring that all fence installations comply with local regulations.
How Eastcoast Fence Prevents Encroachment Issues
At Eastcoast Fence we specialize in professional fencing installation that respects property boundaries and follows all regulations. Whether you need a fence for security, aesthetics or privacy, we make the process smooth and compliant with New Jersey law.
Our Services Include:
- Custom Fencing Solutions – Whether you need a fence for a commercial property, development project or private land, we have a range of materials and styles to suit your needs.
- Property Assessment – We determine your property lines before installation to prevent encroachment issues.
- Fence Installation – Our experienced team installs durable fences with precision.
- Zoning and Permit Compliance – We ensure your fencing project meets local regulations to avoid legal problems.
By choosing Eastcoast Fence you can rest assured your fencing project is done professionally and in compliance with all regulations so you won’t have to worry about property line disputes down the road.
Following Encroachment Law Specific To NJ
Property encroachment can be a challenging issue, but understanding New Jersey law and working with experienced professionals can help prevent problems before they arise. If you’re planning a fence installation, knowing your property boundaries and following legal guidelines is essential.
Eastcoast Fence has been serving property owners, builders, and developers throughout New Jersey. With our expertise, we ensure that every fence is installed correctly, legally, and with the highest level of craftsmanship. Contact us today to discuss your fencing needs and get started on your next project.
Call 732-905-0006 or Contact Us to get a free consultation
and quote for your commercial fencing today!
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