New Jersey Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property

State:
Multi-State
Control #:
US-00944BG
Format:
Word; 
Rich Text
Instant download

Description

Statutory regulation of partition fences exists in many states. Such statutes may require a particular kind of fence and prohibit other kinds of fences, and may establish certain requirements of cooperation between adjoining landowners as to partition fences. Even where statutory regulation exists, adjoining landowners are usually free to execute agreements with respect to fences that are at variance from the requirements of the statutes. If there is no applicable statute, control over the construction and maintenance of fences is usually regulated by agreement between the adjoining landowners.

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FAQ

Fences have a maximum height of six feet in residential areas, which is lowered to four feet for fences in the front yard. Additionally, if you plan to use the land for agricultural purposes, the fence has to be at least four feet and two inches high.

No permit is required to a fence. Fences may not exceed six (6) feet in height. Fences may be placed up to the property line, except for on a corner lot: corner lots require fences to be placed a minimum of ten (10) feet back from the property line on the non-addressed roadway.

If the fence is located in the side or rear yard, the maximum allowed height is 8 feet, unless on a corner lot. When a fence is located in the front yard, the maximum allowed height is 4 feet. A permit is required when the fence/wall is used as a pool barrier on parcels of single family dwellings.

An example If your neighbor has a history of complaining about noise coming from your backyard pool and he suddenly builds a fence that is so tall that it blocks the sun to your pool, this could be a spite fence. By blocking the sun, your neighbor knows you will not use your pool as much.

Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas. Some areas might allow to go right up to a property line, especially if you live in an urban row house where every inch makes a difference!

The Good Neighbor Fence Act in California establishes the principle of equal responsibility for building, maintaining, and repairing boundary fences between neighboring landowners. It promotes cooperation and fairness by ensuring that costs and responsibilities of fence ownership are shared equally.

Fence Placement Fences can be placed on the property line or attached to a neighbor's fence only with the neighbor's written consent. Otherwise fences should be placed six inches to one foot away from the property line to avoid disputes in the future.

It's important to pay attention to HOA guidelines as they can impose serious fines and penalties on the homeowner, affecting the future value of the property. Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas.

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New Jersey Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property