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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Property Line Dispute on Recently Purchased Home in New Jersey

    My question involves real estate located in the State of: New Jersey

    I purchased my home 6 months ago with the knowledge that part of my neighbor's fence was on my property. They have unruly dogs creating a negative environment in my back yard, so I requested permission to install rolled bamboo fencing on my side of their chain linked fence to block their view into my yard. They have denied that request, so I am planning to ask them to move their fence off of my property, so I can install my own fence. They're disputing my survey (done 7-8 months ago) based on their survey from 1960. I spoke with my survey company and am confident that my survey is correct and the property line is where I think it is. My only concern is with adverse possession. If the fence has been there for 30+ years are they entitled to "my property?" The previous owners has attached various bird feeders and decorations to my side of the fence, so could I successfully argue that they have not been exclusively utilizing and maintaining the fence?

    Thanks for your help.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,368

    Default Re: Property Line Dispute on Recently Purchased Home in New Jersey

    My only concern is with adverse possession. If the fence has been there for 30+ years are they entitled to "my property?
    It's possible. But a claim of adverse possession is only that- a claim. Until they go to court and sue you and prove all of the requirements for adverse possession in New Jersey have been met, they have no title to your property. If they visit with a local attorney they will find that they will be facing a cost of several thousand dollars up front just to get started and several thousand more to finish a case which they may lose.

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