Fence vs Property Line

[fence234243]

What is the name of your state (only U.S. law)? NJ

Hi,
So, Neighbor 1 has a chicken wire fence. Neighbor 2 had a chain link fence against the chicken wire fence years ago but neighbor 1 told them that it was in their property about 8 inches according to a surveyor and so it was removed.

Now neighbor 1 is worried that someone in neighbor 2's yard might get hurt on their chicken wire fence and wants neighbor 2 to add a fence to prevent that.

Would neighbor 1 be liable if someone in neighbor 2's yard got hurt on the fence if neighbor 2 doesn't add a fence? Or would neighbor 1 not be liable because it would be considered trespassing about 8" onto their property? Or is neighbor 2 liable since they should have a fence to prevent contact with the other fence?
Is it like saying: I want a free fence so I line just inside my property line with barb wire and tell my neighbors to add fences so that they aren't liable if someone gets hurt on my barb wire. After they install fences, I take the barb wire down?


I'm also wondering about the sort of un-owned space right along the property line, is that owned by the town or what, or does it depend on area? 6" either way is un-owned and can only be built as a joint-owned boundary fence? Because I think the best solution would be to add a boundary fence that both neighbors own 50/50 instead of putting a fence 8" from the chicken wire fence. Because on the other side of the chicken wire is neighbor 1's fruit and vegetable garden and weeds and eventually small trees will grow in between the two fences and be difficult to remove. But as noted, neighbor 1 already had neighbor 2 remove a fence that was against the chicken wire stating that it was about 8" in their yard. but I think it's in neighbor 1's interest to not have two fences 8" from each other for weed prevention and the sake of their garden. Neighbor 2 wants neighbor 1 to go 50/50 on the fence but I don't think neighbor 1 will chip in, because again, they are claiming that it's only neighbor 2's responsibility to prevent an injury on their chicken wire fence.

Lastly, since neighbor 1 claims that they own about 8" beyond the chicken wire fence, how are they supposed to mow it without trespassing in the other yard? Can neighbor 2 not maintain that strip of grass until it reaches a height that neighbor 1 can be fined for?

Thanks

 

[FarmerJ]

First thing Id like to ask about , is this chicken wire fence as you called it in reasonable shape ? not all broken up etc ? ( its not barbed wire is it ) SO you understand people can be hurt by any type of fencing if they miss use it meaning climbing over it , running into it etc . ( does your city / county forbid this kind of fencing ? ) Second huge thing , is do you have a boundrey survey that shows where your lot lines are as well as survey stakes ? Not sure what you mean by > I'm also wondering about the sort of un-owned space right along the property line, is that owned by the town or what, or does it depend on area? 6" either way is un-owned and can only be built as a joint-owned boundary fence? < as far as land between neighbors if your city owned a sidewalk between the two homes then that would make sense as well as a public alleyway or city street other wise the only normal easement that a city would hold would be in the front of a home where they could install sidewalks or in some instances where maybe the city has a sewer or water line that is in the boulevard strip instead of under the street. Your own city /town /county should have all the information you need as to where fences can be placed, what kind of materials and some places even have setback requirements for fences that will be between properties .

 

[fence234243]

yes, the chicken wire fence poses danger, pointy metal etc, but as noted any fence can be dangerous, e.g. kid's playing soccer and runs into a plain wooden fence even though it's about 8" past the property line.

I'm not sure where I heard that there's a sort of city-owned space along the property line. Someone on another forum said they never heard of that either, so I guess it's not correct.

Neighbor 1 supposedly had a surveyor prove that the previous fence neighbor 2 put up was within about 8" of their property line and thus it was removed, but I'm not sure if documents were proved.

This is sort of tricky, but I will work with both neighbors to try and reach an agreement. Because as others have replied, they said that yes, neighbor 1 should have something to prevent injury to neighbor 2 from their chicken wire fence, but as noted any fence can cause injury, so it's sort of like saying if I wanted to put up a work of art masonry fence on my property that only I own (not a joint-owned boundary fence on the property line), that I would have to install a second fence to prevent injury from the masonry, but if the second fence isn't a boundary fence jointly-owned on the property line, then I'd still be liable if the neighbor got hurt on the second fence.

 

[Zigner]

yes, the chicken wire fence poses danger, pointy metal etc, but as noted any fence can be dangerous, e.g. kid's playing soccer and runs into a plain wooden fence even though it's about 8" past the property line.

That's just asinine. A child is not going to get serious puncture wounds from running in to a plain wooden fence that's properly maintained.

 

[FarmerJ]

I Know, rubber like wrestling mats converted into fencing Seriously if the current fence is not in violation of a local ord and if its NOT yours& not on your land then either install new fence that is only on your own land made of a material that you think some how reduces your risk of being sued by anyone.

 

[fence234243]

That's just asinine. A child is not going to get serious puncture wounds from running in to a plain wooden fence that's properly maintained.

i was just going by what farmerJ said "First thing Id like to ask about , is this chicken wire fence as you called it in reasonable shape ? not all broken up etc ? ( its not barbed wire is it ) SO you understand people can be hurt by any type of fencing if they miss use it meaning climbing over it , running into it etc ."

 

[154NH773]

Now neighbor 1 is worried that someone in neighbor 2's yard might get hurt on their chicken wire fence and wants neighbor 2 to add a fence to prevent that.

That is ridiculous. If #1&#8217;s fence presents a hazard, then #1 should take steps to prevent injury. Neighbor #2 has no duty to guard against injury except to not trespass. Neighbor #1 is setting himself up for a potential lawsuit by pointing out the hazard of his own fence.

Having said that; people can sue over anything they want. Whether they prevail in court depends on many factors, and I maintain it is somewhat of a crapshoot. The judge may not like you, or is influenced in some other way, and has great discretion to decide almost any way he/she wants. Anyone who tells you what the outcome will be is really just guessing.

There is no &#8220;city owned&#8221; strip between most properties, and it would be up to #1 to cut the 8&#8221; on his property. How he does that is not the concern of #2, although he can prevent #1 from trespassing on his property if he wants.