Property Line and Fence Laws in New Jersey

Property line and fence laws in New Jersey regulate property boundaries, fence construction, and responsibilities between neighbors.

If you own property in the Garden State, you may wonder about your legal rights regarding property lines, fences, and overhanging tree branches. Like most other states, New Jersey has laws governing these issues. This is a good thing because things like boundary lines and fences are frequently the source of conflict between neighbors.

This article examines New Jersey state laws regarding fences, property lines, and tree trimming. It also explains how New Jersey law treats spite fences.

If you’re currently in a dispute with one of your neighbors over a fence, property line, or encroaching trees, consider contacting a New Jersey real estate attorney if it gets contentious. There are also links to helpful FindLaw articles on related topics at the bottom of the page.

Constructing a Fence on Your Property

Just because you own your property doesn’t mean you can put up a fence anywhere you want to. New Jersey law imposes strict limitations on fence locations, fencing materials, and fence design.

It’s normal for state lawmakers to allow counties, towns, and municipalities to implement their own laws on fences, property lines, and tree encroachment. Homeowners should reference these rules before they building a new fence or moving an existing one.

Some of the fence regulations under New Jersey law include the following:

• Homeowners must secure a fence permit before building a new fence or relocating an existing one. They must submit an official property survey with their permit application.
• Most towns require residents to notify people who own adjacent property that they intend to build a new fence or alter an existing one. This is usually done with a letter.
• Setback requirements exist for almost all types of fences in residential zones. These are fence placement rules that require property owners respect the visibility requirements for fences on corner lots.
• Most municipalities prohibit fences made of barbed wire, chain-link fences, and electric fences. Check your town’s zoning ordinances to be sure.
• The maximum height for front yard fences is six feet. Backyard fences can be up to eight feet high.
• Fences in your side yard or rear yard can be up to six feet high. Make sure you’re not encroaching on the neighbor’s property.
• Residential fences cannot interfere with easements or a public right-of-way. If you’re not sure, contact the zoning board.

Maintaining Fences in New Jersey

One common neighbor dispute involves the maintenance of fences on shared property lines. Neighbors may argue about who should pay to repair or remove an existing fence. They may also fight about which homeowner should pay for new fence installations.

Under New Jersey law, when a property owner erects a new fence for their personal use, they are responsible for the costs of installing and maintaining the fence. When neighbors agree to install a fence on their shared property line, both parties must contribute to the costs of repairing and maintaining the fence.

Your town may have local ordinances governing the financial responsibility of division fences and other property line issues. Check with a local real estate attorney to confirm your local laws.

New Jersey Property Line and Fence Laws: Summary

Unlike other states, New Jersey does not have specific laws dealing with fences, property lines, or boundary fences for people living in residential neighborhoods. Instead, New Jersey law addresses issues with boundary lines and farm animals.

The state authorizes local governments to form township committees to resolve fence disputes and other legal issues between neighbors. This includes disputes over spite fences, fencing materials, and tree encroachment.

More information about New Jersey laws governing property lines, fences, and tree trimming has been provided below

Statutes and Case Law

• Boundary Fences: New Jersey Statutes Title 4 Sections 20-1, 20-3, 20-7, and 20-9
• Spite Fences: Check your town’s local zoning ordinances
• Tree Trimming: Case Law

Boundary Fence Rules

• Fences in agricultural areas must be four feet, two inches high and strong enough to keep cattle or horses from going through them
• Property owners can’t use barbed wire in boundary fences unless the neighboring property owner agrees
• When property owners share a boundary and use their land for pasturage or the keeping of animals, they must jointly maintain a partition fence between the lands unless they agree to leave their land vacant and open
• Two members of the township committee resolve all fence and boundary line disputes

Spite Fence Rules

• While New Jersey has no specific laws against spite fences, a homeowner must secure a zoning permit to build a new fence.
• All fences must satisfy local building codes and ordinances

Tree Trimming Rules

• New Jersey residents can trim a neighbor’s encroaching tree branches, but only up to the property line
• A property owner who trims a neighbor’s encroaching tree branches can’t injure or damage the tree
• Branches, roots, or limbs that cross a boundary line may qualify as a private nuisance

Disclaimer: State laws change frequently due to new legislation, higher court rulings, etc. While FindLaw strives to provide readers with the most current information, consult a local real estate attorney to confirm the laws in your state.

Related FindLaw Resources

• New Jersey Adverse Possession Laws
• Property Boundary Laws
• Neighbor Fence Disputes
• What is a Property Line Setback?

Get Legal Help With Your New Jersey Property Dispute

If you’re like most people, you’ll live next to your neighbors for years, maybe decades. The last thing you want to do is destroy a relationship over a fence or swimming pool. If you can’t resolve a neighbor dispute, consult an experienced New Jersey real estate lawyer.

Your attorney will review your case and explain your options. They can also communicate with your neighbor’s attorney to negotiate a resolution.