Paving Laws in New Jersey.
At NVN Paving, we know that If you have some properties in New Jersey, you may have felt curious to know about the legal rights you have concerning fences, property lines, and also overhanging tree branches. Like any other states, New Jersey has put laws in place to steer this kind of issues, which tend to be the most common source of conflict between neighbors’. We have best outlined all the laws concerning fences, property lines, and overhanging tree branches, for you to understand them better.
How to set up Fences, Property Lines and other boundaries
Most states have put in place laws that govern property lines and boundary fences for people residing in residential areas. Like the other states, New Jersey has not being left behind and has put this kind of laws in place concerning fences that contain main domestic animals like sheep, cattle, and horses. Like most other states, New Jersey law has enabled local governments to create township committees to solve all disputes regarding fences, but New Jersey may bear no resemblance with other states because it has no laws that do address spite fences installed by a premises owner for no useful purpose other than to intimidate a neighbor. Nonetheless, a New Jersey court may find a fence to be unlawful if it doesn’t adhere to local zoning and building ordinances and apply specific measures to put down the fence.
The chart below entails more information about New Jersey laws that govern property lines, fences, and tree trimming.
| Statutes and Case Law | · Spite fences: new jersey local zoning ordinances
· Boundary fences: new jersey Statutes Title 4 Sections 20-1, 20-3, 20-7, and 20-9 · Tree trimming: Ackerman v. Ellis, 81 N.J.L. 1, 79 A. 883 (Sup. Ct. 1911); Wegener v. Sugerman, 104 N.J.L. 26, 138 A. 699 (Sup. Ct. 1927) |
| Boundary Fence Rules | · All fences in agricultural fields must be 4 feet and 2 inches high and tough enough to prevent cattle or horses from passing through it. Some height restrictions in the fencing laws also apply to natural fences made of bushes or trees. Mostly many natural fence height parameters range from five to eight feet.
· Property owners cannot use barbed wire in a boundary fence unless there have agreed with the neighboring property owners. · For property owners sharing a boundary and use their premises for pasture, they must maintain the partitioning fence between their lands jointly unless they decide to allow their lands to lie vacant and open. · Any disputes related to boundary lines or fences should be resolved by two members of the township committee where the property is located. |
Spite Fence Rules | · In New Jersey there no specific laws against spite fences that exist, but installing any fence requires a zoning permit.
· Any fence built must adhere to local building ordinances and codes. |
Tree Trimming Rules | · Residents of New Jersey can trim neighbors encroaching tree branches, but only up to the property boundary line.
· A property owner trimming a neighbors tree branches can’t cause injury to the tree. · Branches, roots, or limbs that cross over a boundary line can be considered a nuisance. |
A fence that doesn’t adhere to the fencing laws can remain in place under the following circumstances;
- The wall was installed before the passage of the law: if a previously installed fence violates new height laws, in many cases it can remain.
- A variance applies: a residential property owner can apply for a difference, a one-time exception to the law if they plan to install a fence that will not comply with the local ordinance.
What makes us the best for paving in New Jersey
It is crucial to keep in mind that state laws are always subjected to change through the passage of new legislation, rulings in the higher courts, ballot initiatives, and some other means. While here at NVN Paving, we do our best to offer you the most current information available, it is wise to consult an attorney or carry out your legal research to verify the state laws you are researching.
Disputes with your neighbors’ can be stressful and hectic. If you are a resident of New Jersey and you are experiencing an issue related to property lines, boundary fences, or tree branches, you can consider looking into your legal options. As a company, we advise you to schedule a meeting with an experienced New Jersey real estate attorney who will help you fully understand all the legal options at your exposure.
