Fence on the Property Line in New Jersey

[aner74]

We have lived in our house for 19 years, and our neighbors lived there several years before we moved in. Years ago, this neighbor informed us that he purchased the lot between our homes from the prior owner of our house to prevent anyone from building on it, and that as a condition of sale, she required that he move an existing chain link fence on her property to the new property line. This fence is one side of the fence that completely surrounds our property, and sits squarely on the property line. About a year or so ago, we were speaking to our neighbor, musing about replacing the fence. He said if we ever decided we wanted to change the fence along the property line, (it is a chain-link), that he would contribute half the cost. About six months after that, he approached us and informed us that he was applying to subdivide this undersized lot to develop it. No further discussion had been made to that point about changing the fence, as we would have to change the entire fence around our property at a rough cost of $10,000, so that our entire fence would have continuity. The problem is this. Recently, the neighbor has proceeded with the subdivision process. One day, while working in our yard, I found him re-latching portions of the common fence. The fence was not in any disrepair, was not falling down, nor was it bulging in any areas. So, I found this strange, and I asked him if I could help, and he declined, saying he was just securing it. However, he did not do this to the rear portion of his fence - only the common fence line, and he replaced every piece of existing latching. Then, this weekend, we temporarily moved some landscaping rocks in the vicinity of the fence, and one rolled over and pressed against the fencing, and he called us and asked us to move it off the fence, which we did. My question is this: Is his doing this work giving him rights to the fence? Kind of like squatters rights, as in, since he will now claim he 'maintained' the fence, he can remove it/change it if he wants? From historical actions on his part, I do not trust his motives. What are the implications here? My plot plan shows the fence, but I don't think that has any legal weight. Should I relatch the common fence from my side as well? Is there anything I should do to protect myself? It seems silly to file a police report for someone 'maintaining' a common fence, and I don't want to get into a feud with this neighbor either. But I have a dog, and being on a corner lot, I need the fence to stop cut-through traffic to the park behind my house. I especially don't want to come home one day and find he has removed the fence. Which I wouldn't put past him. Any suggestions?

[Mr. Knowitall]

From what you say, it is his fence (acquired from your former neighbor) placed on the property line with your permission. Even if it is deemed jointly owned, his maintaining the fence on his side of the property line isn't going to support a cause of action.

[aner74]

Thank you for your reply!! I don't think I was clear, or maybe I am misunderstanding your answer. My neighbor had a single lot. The property I own was at one time a double lot, completely fenced in. The prior owner of my house sold the part of her property (a vacant lot that sits between my property and my neighbor) to my neighbor on the condition that he move the fence to the new property line between our property and this neighbor's. This was 20+ years ago. He is still the same neighbor, and the fence has remained unchanged on the new common property line since he moved it there in order to purchase the lot between us. Because of the circumstances, and the way he impressed the events upon me, it was always intimated by him that this portion of the fence is ours, or at least jointly owned. His behavior has changed in recent months, and this attempt of maintaining a fence that needs no maintenance leads me to believe that he is trying to lay grounds for proof it is 'his' fence, and although part of my total enclosed yard (his is not), he can remove it. I need to know if there is something I should do to protect myself in this case, such as implementing some form of documented maintenance. I don't want to come home one day and find he has removed or changed the fence. Again, thanks.

[Mr. Knowitall]

Ownership isn't clear. Send him a letter through a lawyer, or at least certified with return receipt requested, asserting that you are a co-owner of the fence and that it should not be removed or altered without your consent. See how he replies.

[aner74]

That makes sense . . . it will probably antagonize him, but may be my only option. Thanks.