Where to Place a Fence

[Ukalady]

Gee, fences do make good neighbors, I believe, but based on all the fence/property line disputes posted here it seems as if none of us have good neighbors...

And now for mine: We have a common boundary with neighboring property which we are fencing. The property was surveyed when we purchased it 10+ years ago; no one disputes the survey. The boundary line is pretty extensive in length so it has several surveyor-embedded metal markers along it as well as at the "end" points; these are also not disputed. We've run a line between the "known" markers to establish a visual property line.

Now the question: How far back from the property line (on *our* side) should we place the fence, or should it be as close to the line as possible? I see previous postings where fence lines were run a few feet back from the line to be "conservative" and then the later owners were having a tough time trying to re-establish the "real" line.

Note that this is a rural area in a county, not a town. The fence will be a three-strand fence, both to establish the property's limits and to discourage trespassers from walking/horseback riding/ATV riding on our property. This type of fence is common within this neighborhood/region and would not be considered an eyesore.

Which governmental office would I check with to ascertain what, if any fence setbacks, are required?

Secondly, do you recommend hiring the surveyor again to verify the visual property line, as run on a string between the surveyor-established monuments? The cord has a "clean" run and is not impeded by trees/boulders, etc. It touches nothing between the surveyor-established markers. We tend to think that's "good enough," but perhaps we're wrong?

[aaron]

Something else to consider in placing a fence - easements. Most of the time, any setback requirements would be defined by local ordinance - so you may wish to check with your local government (probably township or county for a rural property).

Your best bet is to consult a local real property lawyer, particularly if you think your neighbors might object to the fence placement. Getting multiple surveys is not likely to help if there is a dispute over where the property line lies. (If the neighbors don't believe the first survey, they are likely to be as skeptical of a second.)

If the owners of neighboring properties don't object to the proposed fence line, and there are no legal restrictions or easments which would require a different placement, it would not be unusual to place the fence just inside one's property line.

[mynolla43]

The placement of Fences may be controlled by the municipal land use ordinances. Check with the municipality, you may also require a permit to place the fence. In NJ the fence us usually 6 inches from the property line in many municipalities. To place the fence on the property line you need the approval of your neighbor.

As long as you meet the municipal or governmental reqirements, as to placement, type and height, the neighbor cannot object to your placing a fence on your property. The fences can be placed in the setback areas.

AM