Neighbor is Claiming Adverse Possession on Her Side of My Fence

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

We just purchased a house and would like to replace the existing chain link fence with a new fence and put the new fence just inside the correct boundary line as per our survey. We had a survey done which shows our current fence is around 3.5 feet inside our property line. We know it's our fence since it wraps around and attaches to the sides of our house. However, we do not know when it was built. We mentioned our plans to our westerly neighbor, who said the house was owned solely by his wife and we would have to speak to her. They don't live in the house, they rent it out to a group of younger kids, and only stop by from time to time.

It's been two weeks since that conversation, and we hadn't seen his wife (we wanted to discuss with her in person), but just received a two page typed "Letter of Intent" from her in the mail saying she had spoken with her husband about our plans and told us to refrain from doing anything to the boundary line until she consults her lawyer. She doesn't want us to put up a new fence, nor trim any of the existing overgrown shrubbery that would be required to trim in order to build a new fence. She is claiming she has all the documents required to prove she is the rightful owner of the property from her side of our fence to the official survey line (and township border line) by virtue of adverse possession. She has owned the house since 1998 (in NJ the statute is 30 yrs), but says the fence was there when she bought the house.

We think she may just be trying to intimidate us into submission, which isn't going to happen, as we want to improve the property aesthetically and plan to resolve this legally if she forces us into it. (We prefer to resolve amicably but she already crossed that bridge by serving us a letter without speaking to us...) For what it's worth, the friendly neighbors on the easterly side have no issue with our plans, and they and other neighbors who have been in town for 30+ years do not know the woman who is contesting us other than a few less-than-pleasant run-ins throughout the years. It is a quaint seaside community where many neighbors have known each other over generations, and we've already made a lot of friends. Unfortunately, our westerly "neighbor" is not one of them.

The questions we have are:

1. Does adverse possession apply if it is clearly our fence? Does she have to prove the fence has been there 30+ years? And if she can, does her case have legs?

2. Her letter told us not to trim any shrubbery along the boundary line until the matter is resolved. Can she actually hold us to that if it's our property and on our side of the fence?

3. If we remove the fence (without putting a new one up), could we be punished for doing so after her letter asked us not to touch anything along the boundary? Meaning, would it look like we were acting in bad faith by doing so after receiving her letter?

Any other advice would be very helpful.

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It's been two weeks since that conversation, and we hadn't seen his wife (we wanted to discuss with her in person), but just received a two page typed "Letter of Intent" from her in the mail saying she had spoken with her husband about our plans and told us to refrain from doing anything to the boundary line until she consults her lawyer. She doesn't want us to put up a new fence, nor trim any of the existing overgrown shrubbery that would be required to trim in order to build a new fence. She is claiming she has all the documents required to prove she is the rightful owner of the property from her side of our fence to the official survey line (and township border line) by virtue of adverse possession. She has owned the house since 1998 (in NJ the statute is 30 yrs), but says the fence was there when she bought the house.

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she has no such thing. She may have documentation to support a claim for adverse possession in a suit to quiet title but she does not have proof she owns anything at the moment because, simply put; she doesn't own your property even if she has a valid claim to it through adverse possession.

A fence being in place does not in itself make for an adverse possession claim. There is more to it than that.

so, to start things off; do you have title insurance? Those are one of the first people you need to contact about this.

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The questions we have are:

1. Does adverse possession apply if it is clearly our fence? Does she have to prove the fence has been there 30+ years? And if she can, does her case have legs?

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she has to prove she has met the requirements of adverse possession for the requisite period of time. The fence being where it is alone is not fulfillment of the requirements

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2. Her letter told us not to trim any shrubbery along the boundary line until the matter is resolved. Can she actually hold us to that if it's our property and on our side of the fence?

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it's yours until a court says otherwise. Do what you wish with your shrubs

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3. If we remove the fence (without putting a new one up), could we be punished for doing so after her letter asked us not to touch anything along the boundary? Meaning, would it look like we were acting in bad faith by doing so after receiving her letter?

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noppe because even if she has a claim for adverse possession it ends at your fence so the fence would remain yours and you can do with it as you desire.

this is the statute on the matter:

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2A:14-30. 30 years' possession of real estate, except woodlands or uncultivated tracts, and 60 years' possession of woodlands or uncultivated tracts however commenced or continued
Thirty years' actual possession of any real estate excepting woodlands or uncultivated tracts, and 60 years' actual possession of woodlands or uncultivated tracts, uninterruptedly continued by occupancy, descent, conveyance or otherwise, shall, in whatever way or manner such possession might have commenced or have been continued, vest a full and complete right and title in every actual possessor or occupier of such real estate, woodlands or uncultivated tracts, and shall be a good and sufficient bar to all claims that may be made or actions commenced by any person whatsoever for the recovery of any such real estate, woodlands or uncultivated tracts.

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a few questions:

were you aware of the fence being set off from the property line as it was?
is there a requirement fences be set off from a property line any specific distance?

has the neighbor acted as the area on their side of the fence was in fact theirs?

has anybody spoken about where the property lines are at any time prior?

as to her owning the property less than 30 years:

the courts of new jersey have ruled that for a current possessor to be allowed to tack the time of a prior possessor, the prior possessor must have also met the requirements of adversely possessing the property so;

any idea how the prior owners thought of the issue?

Thank you! Yes we do have title insurance and the incorrect fence line is referenced in it as being covered. I haven't contacted them yet, but I have contacted my real estate lawyer we used to close on the house. Being a holiday weekend, I havent heard back yet and the whole thing is just so upsetting I had to post here!

You make a great point that she seems to think the property is hers just because she thinks she has the proof, and she doesnt until she sues us and wins, but based on her letter and her actions, I fear she may be crazy enough to sue us to quiet title. If she does, does that mean we can't do anything to the property in dispute? So we'd have to wait to put up a new fence until this is resolved in court? Would it be worth it to her to sue us? We're talking 3.5' x 140'

What's the worst that could happen if we ignore her letter and just put up a fence, say 6 inches inside the survey property line?

You can do whatever you wish with your property until a court tells you otherwise. Be warned that if she sues and wins she can demand removal of the new fence though.

she can go to court and seek an injunction to stop your installation if she is actually planning on suing to quiet title.

as to whether it is worth it:

how much are you willing to spend to defend a quiet title suit and how much do you guess she is or has to spend on it?

I know nothing about her financial means, but the property is income generating for her and she lives in another town about 30 miles away. I hope she's just trying to scare us with her letter and wouldnt actually spend the money to sue, but I also sense she might she crazy enough to do anything it takes to get her way. I'm not sure if and how she would be willing to compromise granted she has threatened to sue us based on a casual conversation we had with her husband while chatting in the yard.

What is involved in defending a quiet title suit? If she has a basis to win one, that's fine. I can still put a new fence where the old one is now, but I'd also rather resolve this as to avoid any title issues in the future, since clearly our title/deed match the surveys we have had done.

Please reference the jacket of your title insurance policy. Most "general" policies do not cover legal bills associated with title disputes like adverse possession. I would have your lawyer give the insurance company a ring regarding actual coverage. My title did not cover it and boy did I pay through the nose in my AP case. "Enhanced" title insurance is not something most people think about when they purchase insurance because most people do not encounter property dispute issues.

The lady can say whatever she wants about claiming that the property is hers. At the end of the day someone will have to file to Quiet Title. As per putting anything on there - I wouldn't. Sometimes what might seem normal might look like an aggressive move later down the road by the court. Also, sorry that you have to deal with a nasty neighbor. People do very strange things when it comes to land...like wanting more than their true share, or coming to reasonable terms.

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njbel16;896496]I know nothing about her financial means, but the property is income generating for her and she lives in another town about 30 miles away. I hope she's just trying to scare us with her letter and wouldnt actually spend the money to sue, but I also sense she might she crazy enough to do anything it takes to get her way. I'm not sure if and how she would be willing to compromise granted she has threatened to sue us based on a casual conversation we had with her husband while chatting in the yard.

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people threaten a lot. A lot of those people do nothing more than threaten. Since she has to sue anyway to quiet title if she really wants title to the land she is going to have to spend money. You do not have to defend her claim if it comes down to it. What I would do is start with removing the fence and see what she does in response. If she fails to act, start hacking and whacking bushes. If she does nothing you know it was a bluff so you simply put the fence as close to the line as you can this time. If she files suit, you can still decide to not defend if you don't think it is worth it but I would at least speak with a lawyer before deciding to not defend against her suit.

you never answered my question about whether there is a required set off for your fence in your area.

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What is involved in defending a quiet title suit?

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it is more of disproving her proof, if she has any and to win she has to have proof of her claim. You do not have to prove she has not adversely possessed the property. She has to prove she has and then, if she presents proof, you need to argue it does not meet the requirements for whatever reason.

It's the 4th of July and I have a BBQ to get to so no time to be researching NJ cases. But the other possibility or problem is going to be a claim for boundary by acquiescence or by agreement depending on what the previous owners of both properties did or did not do. The statutory period is the same as AP but the claim is easier than adverse possession.

If one of the other members doesn't post on this, I will work on it tomorrow.

Happy 4th.

thank you for the replies on this holiday, this issue is clearly preoccupying my enjoyment. jk, sorry i missed these questions, responses below:

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Quoting jk

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were you aware of the fence being set off from the property line as it was?
is there a requirement fences be set off from a property line any specific distance?

has the neighbor acted as the area on their side of the fence was in fact theirs?

has anybody spoken about where the property lines are at any time prior?

as to her owning the property less than 30 years:

the courts of new jersey have ruled that for a current possessor to be allowed to tack the time of a prior possessor, the prior possessor must have also met the requirements of adversely possessing the property so;

any idea how the prior owners thought of the issue?

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Yes, we were aware when we bought it, but we didn't really think about this scenario playing out. We assumed when we wanted to replace the fence, we would inform our neighbors and hoped it wouldn't cause more than an annoyance at most on their part. Definitely didn't expect to be slapped with a lawsuit threat at a casual mention! This is our first house, perhaps naivete on our part not to anticipate this before closing.

Our town has no setoff requirements for fences.

Yes the neighbor is acting as if it is theirs. It's only a few feet, so it consists mainly of shrubbery on both sides, and some plants. They have not built any structures. Like I said, they rent it year-round and only stop by occasionally. We've owned the house 8 months and my husband saw them once when I wasnt home, and then we both spoke with the husband two weeks ago - I have never met the woman myself. The husband actually came to our house to thank us for informing them of and fixing a burst pipe at their house this past winter. The good neighborship is clearly not being reciprocated!

When my husband met the couple briefly this past winter, he mentioned the property line and wanting to put up a new fence eventually, as well as cutting down some rotting trees on their side of the fence, but within our property line. The husband acknowledged our property line and said it was ok with him, but the wife mentioned at that point she felt the trees were "grandfathered in" - so I believe she was asserting her belief of adverse possession at that time. It wasn't until we brought it up again two weeks ago that we got served the letter from her, though. The letter also clearly states that the property is solely hers and is not owned by her husband (which we looked up in county records as being true).

No idea what the previous owners thought of the situation and how they were using the property. Our other neighbors said it was a really nice family living there, though, and that it was a shame that it was sold to a landlord who rents it out to loud, partying youngsters, not to mention both her and her husband and adult daughter seem to all have had altercations with neighbors in the area. Our property has changed hands every few years for the past 20 years or so, so don't think there's been any consistency on our end.

Hope that helps, and thanks again.

"We just purchased a house and would like to replace the existing chain link fence with a new fence and put the new fence just inside the correct boundary line as per our survey. We had a survey done which shows our current fence is around 3.5 feet inside our property line."

Is your new survey marked as a "boundary survey"?