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Move your fence . . .

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fenceguy

Junior Member
What is the name of your state?What is the name of your state? New Jersey
I recently purchased a new home on 4+ acres. At closing the attorney showed us the survey and it showed a neighbors fence on our property by about 30 feet. We contacted to sellers (who we had become friendly with) and they didn't know anything about it. We thought maybe there was confusion with the surveys so we got a copy of the survey done in 2000 and it does not show the fence but shows the same property line. My question is . . . what is the best way to have this fence removed. We know the neighbor is an attorney but that's all we know. If he takes down or moves his fence, he will lose a majority of the backyard he is using now. Any suggestions?
 


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HomeGuru

Senior Member
fenceguy said:
What is the name of your state?What is the name of your state? New Jersey
I recently purchased a new home on 4+ acres. At closing the attorney showed us the survey and it showed a neighbors fence on our property by about 30 feet. We contacted to sellers (who we had become friendly with) and they didn't know anything about it. We thought maybe there was confusion with the surveys so we got a copy of the survey done in 2000 and it does not show the fence but shows the same property line. My question is . . . what is the best way to have this fence removed. We know the neighbor is an attorney but that's all we know. If he takes down or moves his fence, he will lose a majority of the backyard he is using now. Any suggestions?
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**A: I guess he would lose a majority of the backyard using simple math of 30 feet times whatever.
 
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fenceguy

Junior Member
Thanks. Do you know if these things usually start with letters going back and forth or would I be better off personally asking the guy to move the fence. I know it sounds stupid but if he's had this fence up for 5 years and there were no complaints or if his survey says otherwise . . . I just want to make sure I am covering my ass.
 
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HappyHusband

Senior Member
fenceguy said:
Do you know if these things usually start with letters going back and forth
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They do and they are those big expensive attorney generated letters.

fenceguy said:
or would I be better off personally asking the guy to move the fence.
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That would be the least expensive route to begin with. Talk with him, then send a certified letter.
If the neighbor is an attorney, he knows that he must move his fence IF the survey you saw is correct.
 
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Sirena7cs

Member
fenceguy said:
Thanks. Do you know if these things usually start with letters going back and forth or would I be better off personally asking the guy to move the fence. I know it sounds stupid but if he's had this fence up for 5 years and there were no complaints or if his survey says otherwise . . . I just want to make sure I am covering my ass.
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I think it would be reasonable and a good idea to try to have a chat with him first. At least then you will know where he is coming from and what his position on this is.

As far as covering your ass, One of my major concerns for you is 'Adverse Possession'. If someone 'openly and conspicously' is on your property for a certain amount of time, they can take claim to it. Rather like squatters rights.

Find out how long this takes and how long he has been there, right away. And if you are close to that deadline, do take action right away to get this resolved and that fence removed.

Let's hope he, your neighbor has made an innocent mistake and hasn't been angling on how to add another 15 x 150 to his property.

Let us know how it goes.

Hope this helps.
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Sirena7cs

Member
I copied this definition for you from another legal website.

What is adverse possession?
Traditional common law provided a method for someone to obtain title to land through use. The common law rules for adverse possession have been codified under both federal and state statutes. A typical statute allows a person to get title to land from the actual owner simply by using the land, out in the open for all to see. For example, your neighbor built a fence on your land with the intention of taking the property, paid property taxes, and you knew about it but did nothing. If this continued for a period of time set by state law, your neighbor may be able to claim this property as his/her own. The theory is that, by not disputing your neighbor’s use of your property through a lawsuit, you, as the actual owner have abandoned your rights to the property. There are several elements needed for adverse possession to result in title:

The length of time required for adverse possession in title varies - it could be as short as a few years or could run for twenty years or more. Typically public entities must establish a longer period of possession than individuals. Some states have adopted a rule which requires the adverse possessor to pay taxes each year on the land.

The possession must be open for all to see.
 
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BelizeBreeze

Senior Member
Sirena7cs said:
I think it would be reasonable and a good idea to try to have a chat with him first. At least then you will know where he is coming from and what his position on this is.

As far as covering your ass, One of my major concerns for you is 'Adverse Possession'. If someone 'openly and conspicously' is on your property for a certain amount of time, they can take claim to it. Rather like squatters rights.

Find out how long this takes and how long he has been there, right away. And if you are close to that deadline, do take action right away to get this resolved and that fence removed.

Let's hope he, your neighbor has made an innocent mistake and hasn't been angling on how to add another 15 x 150 to his property.

Let us know how it goes.

Hope this helps.
S
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Oh brother!

Read the following then you might want to amend your answer.

J & M Land Company v. First Union National Bank, 166 N.J. 493, 766 A.2d (2001);


Title does not vest by adverse possession for 30 years (or 60 years, in the case of uncultivated land) because the 20 year statute is only procedural and thus only sets a time limit on when judicial authority may be invoked by a landowner to obtain possession.
 
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