Who legally owns a fence between 2 properties in New Jersey?
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My mom has a neighbor with a wood fence that is deteriorating and falling apart. It really looks awful and needs to be replaced.
It got me thinking.
In New Jersey, who legally owns the fence between two properties?
The answer is not as clear cut as you may think. Let's just say that I hope you're on good terms with your neighbor.
According to Fence USA, in New Jersey, the general rule is that property owners share ownership and responsibility for boundary fences.
This means that if the fence is on the property line between two properties, both property owners are responsible for maintaining and repairing the fence, and both have an equal right to use the fence.
I have a friend that liked his neighbors so much that when he rebuilt the fence around his property, he had gates connecting the yards on all sides.
Here's where things get sticky.
if one property owner installed the fence entirely on their property, without touching the neighbor's property, they may have sole ownership and responsibility for the fence.
The same goes for a fence installed on the neighbor's property. The neighbor may be responsible for the fence.
My situation is a bit more complicated because there is a fence on my mother's property line. My neighbor's fence which is falling apart is on their property line. There's literally an inch in between. Unfortunately, it looks like all I can do is politely bring it up to the neighbor and hope they do the right thing.
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