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Law Pro
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24869
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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I installed a fence on mine and my neighbors property line,

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I installed a fence on mine and my neighbors property line, now I want to take it down, my neighbor says I cannot because she owns half of it, because it's on the line. Is this true?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


How long has the fence been there?

Who maintains the fence?
Customer: replied 3 years ago.
The fence has been there since the late 80s or early 90s. I bought the house from the person who installed the fence. The neighbor bought a few yrs ago and says the fence can't come down. It is a chain link fence and was maintained by the person who installed it
Ok, I just wanted to be sure of the facts.

Regretfully, the neighbor is correct.

When neighbors share an existing “boundary fence” (a fence straddling a property
line), they are, by law, "co-owners" of it. Neither party may tear the fence down without the other’s permission, and they are equally responsible for its maintenance. (If you choose to put a boundary fence up, however, and are the only party who uses it, you’re solely responsible for it.)


I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.
Law Pro and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 3 years ago.
The neighbor agreed to let me take it down but if she decides to put up another she says I'm responorble for half the cost. Is this correct?

No. Absolutely not.

NJ is not like California. If she constructs or installs a fence - you can demand that she keep the fence back as per the set-back requirements of the local municipality AND she's solely liable for the costs thereof.

 

I would just not respond to her and take the fence down if you don't want it. That's another issue for another day BUT she's completely wrong there.

Customer: replied 3 years ago.
Thank you for your service

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