How New Jersey Civil Courts Address Encroaching Fences

Under New Jersey law, civil court disputes over allegedly encroaching fences can be resolved in several ways. A judge might pre-emptively bar the installation of a fence that crosses over a property line or order the removal of an encroaching fence that has already been built. In some cases, failing to address a fence encroachment promptly might result in a damage award or even a transfer in ownership due to adverse possession.

Frequently, neighbors work cooperatively to erect and maintain fences that benefit both property owners. However, conflicts can arise when one property owner unilaterally decides to install a fence that crosses over the boundary line. When that happens, civil litigation may be necessary to protect the victimized property owner’s rights.

Prompt action is often critical after discovering either plans to install a fence over the boundary line or learning through a survey or title review that an existing fence encroaches onto the property. If the affected owner waits too long to challenge the encroachment, the neighbor who installed the fence may eventually attempt to claim ownership rights over the disputed portion of land through adverse possession.

The decision in Mannillo v. Gorski  does limit the application of New Jersey adverse possession laws in cases involving minor and unintentional encroachments. However, if the fence is more than a few inches over the property line, it could eventually lead to adverse possession proceedings.

In most cases, the fence must remain in place without challenges for 30 years before adverse possession rights may arise. For rural or wooded properties, the timeline may extend to 60 years. Although these timeframes are lengthy, property owners are usually better protected when they address encroachment issues as early as possible rather than allowing the situation to continue indefinitely.

An affected property owner may pursue an ejectment action asking the court to require removal of the encroaching fence to protect their ownership rights. Civil court judges also have the authority to resolve discrepancies in legal descriptions if the affected neighbor initiates quiet title proceedings to correct inaccurate county records. A judge can even award economic damages in cases where the improper placement of the fence has a property owner to incur tangible losses.

Those engaged in boundary disputes over a fence or another alleged encroachment can benefit from the support of a New Jersey real estate attorney. They can help confirm boundary location, review legal descriptions, analyze surveyor reports and determine what specific legal remedies might be appropriate.

Kevin T. Kutyla, Esq., has more than three decades of experience handling property disputes and other civil matters for clients in Sussex and Morris counties, as well as other parts of New Jersey. You can call 973-940-8970 or contact me online for a consultation. My offices are in Succasunna, Newton and Vernon.