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Old 05-25-2009, 02:41 PM
 
1,983 posts, read 7,518,203 times
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"Adverse possession" allows someone to obtain the use and (or) title to a property merely by using it as his own over a set period that can vary from two to 20 years, minus a protest from the actual owner.
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Old 05-25-2009, 02:47 PM
 
Location: San Juan County, New Mexico
261 posts, read 936,301 times
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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.com/resources/forms/que/advposs.htm
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Old 05-25-2009, 03:01 PM
 
11 posts, read 34,423 times
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Quote:
Originally Posted by MoorestownResident View Post
If it's been there a long time, it's his land now. If it's a recent development you can have it moved.
Agreed that it's a possibility depending on NJ law:
Info here Adverse possession - what is it? and New Jersey Adverse Possession Laws - NJ Adverse Possession Laws - State Laws, Codes

Need more details about how long the fence has been there and whether the neighbor knew it was not his land to know whether it's even a concern here though.

Probably a good idea to talk things over more before tearing anything down for friendly neighbor purposes at the very least.
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Old 05-25-2009, 03:04 PM
 
1,983 posts, read 7,518,203 times
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There are different rulings out there on property line disputes. The truth is that if it's been there a long time the guy using the land has the upper hand regardless of whether it is his or not, it depends on the circumstances.
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Old 05-25-2009, 03:34 PM
 
Location: New Jersey
11,345 posts, read 16,705,526 times
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Quote:
Originally Posted by MoorestownResident View Post
Unrealistic example but I am correct.
I still feel that I'm correct.

When push comes to shove (considering he also just bought the house), the land belongs to the rightful new owner.
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Old 05-25-2009, 04:57 PM
 
Location: New Jersey
2,510 posts, read 3,976,796 times
Reputation: 621
Quote:
Originally Posted by MoorestownResident View Post
If it's been there a long time, it's his land now. If it's a recent development you can have it moved.

Not so.....I believe the "rule" on this is that he has to occupy the land for 21 years unapposed.
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Old 05-25-2009, 06:02 PM
 
Location: Ridgewood NJ
592 posts, read 2,187,860 times
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yes legally you are right, but we dont always live in the legal world. Sometime it's better just talk to him and work something out, he will the guy living next to you for a long time. It's just a headache to create badblood with him. If he's completely unreasonable, then maybe it's time for legal action.

anyone seen lakeview terrace
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Old 05-25-2009, 06:05 PM
 
149 posts, read 410,358 times
Reputation: 69
Do you have a recent survey? If not, get another.
Either way, before I put down a fence, I would be absolutely sure where the property line is.

I had to do that a few years ago when I was going to fence in my backyard... the few hundred extra to have a surveyor come out did stink, but I didnt want any issues down the road.
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Old 05-25-2009, 06:28 PM
 
Location: New Jersey/Florida
5,818 posts, read 12,626,350 times
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One question. You say you moved in last year. Didn't you have a survey done THEN.
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Old 05-25-2009, 06:41 PM
 
Location: Sunshine N'Blue Skies
13,321 posts, read 22,665,452 times
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Yes, make sure it is right. I had a "wrong survey" done in NJ.........The bank excepted the first survey done many( 20) years earlier( on file with the town) and asked me why I would have taken the second one as fact?
I always thought the second one was wrong..........but thought.......surveyors go to school for this!!
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