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Property line issue

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asheskat

Junior Member
I live in NJ, neighbor recently bought lot between his and mine from the township. He had it surveyed and was told our exisisting shed and fence line is 9 feet into his property. The fence has probaly been there for 20 some years. We have lived here for 9. Do we have any options legally? This shed is 20x19 not so easy to move and he wants it out of there asap.What is the name of your state? This shed has been on the property since it was built in the early 1930's it does have sewer water and electric I think someone actually lived in it a one time. We have not had it surveyed but I guess we better do it asap.
 
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HomeGuru

Senior Member
asheskat said:
I live in NJ, neighbor recently bought lot between his and mine from the township. He had it surveyed and was told our exisisting shed and fence line is 9 feet into his property. The fence has probaly been there for 20 some years. We have lived here for 9. Do we have any options legally? This shed is 20x19 not so easy to move and he wants it out of there asap.What is the name of your state?

**A: search your state adverse possesion laws.
 

bikki47

Junior Member
asheskat said:
I live in NJ, neighbor recently bought lot between his and mine from the township. He had it surveyed and was told our exisisting shed and fence line is 9 feet into his property. The fence has probaly been there for 20 some years. We have lived here for 9. Do we have any options legally? This shed is 20x19 not so easy to move and he wants it out of there asap.What is the name of your state?
I live in NY but based on what I have read you have a right to claim a prescriptive easement--go to a lawyer.
 

efflandt

Senior Member
What did your survey show for location of fence and shed? Was a building permit required for the shed? I doubt if you can claim adverse possesion, since gov't owned land is typically exempt from that, and not enough time has evolved since it changed to private ownership.

So your only recourse for expense to move the fence and shed may fall on whoever was responsible for putting them there.
 

Orcons

Member
As previously advised you need to search adverse possession laws in your state. MA for example allows adverse possession claims against municipal lands as long as it is not land being held for a public purpose (e.g., roads, parks, etc). It sounds like this land might not have been held for a public purpose so it might meet that exception but you need to know what NJ says, not MA or NY or any other state.

I think I do recall that NJ had a prescriptive period that was greater than 20 years so you may still be out of luck but you should check. Also, you need to know if NJ allows you to tack which would allow you to count your predecessor in title's time also. If you can't tack, again you probably are going to be moving that shed.
 

justalayman

Senior Member
In New Jersey, the duration of such possession is sixty (60) years for uncultivated land and thirty (30) years for other real estate. New Jersey Code §2A-14-30.

http://www.lawchek.net/resources/forms/que/advposs.htm

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=8389085&Depth=2&TD=WRAP&advquery=%22adverse%20possession%22&depth=4&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&rank=&record={24A}&softpage=Doc_Frame_PG42&wordsaroundhits=2&zz=

I also saw in searching that there was a bill introduced in '05 to change the time period. I saw nothing stating it had been enacted or even passed.
 
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asheskat

Junior Member
justalayman said:
In New Jersey, the duration of such possession is sixty (60) years for uncultivated land and thirty (30) years for other real estate. New Jersey Code §2A-14-30.

http://www.lawchek.net/resources/forms/que/advposs.htm

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=8389085&Depth=2&TD=WRAP&advquery=%22adverse%20possession%22&depth=4&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&rank=&record={24A}&softpage=Doc_Frame_PG42&wordsaroundhits=2&zz=

I also saw in searching that there was a bill introduced in '05 to change the time period. I saw nothing stating it had been enacted or even passed.
I had also found that when I was searching. Thank you for the info.
 

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