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  1. #1
    Join Date
    Dec 2017
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    2

    Default Who Pays to Move a Fence Erected in the Wrong Location

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

    I have recently purchased my first home on. There was fence placed in the back of the house dividing my backyard and my neighbor's located behind me. She came to me and mention that the fence is on her property line. I purchased the house with the fence in its current location. If it is determined by my survey that the fence is in fact on her property line who would be responsible for the cost of moving the fence on the correct property line?

    What are my rights?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Who Pays to Move a Fence Erected in the Wrong Location

    If this is an adjacent property with a fence on "your neighbor's" property line, then the fence is already on your property line -- the line at which your neighbor's property ends is the line at which your property begins.

    If she owns a fence that is on her side of the property line, and she chose to install her fence several inches or feet from the property line, that's her right. If you want to build a fence on your side of the property line, you can build a fence at that location. You don't have any right to move her fence, nor does she have any obligation to do so.

  3. #3
    Join Date
    Dec 2017
    Posts
    2

    Default Re: Who Pays to Move a Fence Erected in the Wrong Location

    Thank you for your response. She doesn't have a fence,from my understanding the previous owners put the fence up over her property line and she wants it moved.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Who Pays to Move a Fence Erected in the Wrong Location

    Quote Quoting Owusu1517
    View Post
    Thank you for your response. She doesn't have a fence,from my understanding the previous owners put the fence up over her property line and she wants it moved.
    Is it on the property line or over the property line? You have said it both ways. If its on the property line then she cannot make you move it. If its over the property line she perhaps can.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Who Pays to Move a Fence Erected in the Wrong Location

    Agree.

    By buying the property you become the owner of any problem associated with that property.

    If the fence is on her side of the property line (not ON the property line) you could be made to relocate it.

    What is the distance between the property line and the fence?

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