Neighbor’s new fence blocking electric meter and dryer vent.

New Neighbor’s survey conflicts with ours.
Ours shows we have 13′ more space before
our property line. Which in this case is a huge
deal because our kitchen is 12′ away from
what our survey shows as our property line.

In this town you can build a 6ft solid wood
fence on the property line. They built this huge
stockade fence almost touching our house
literally 2′ away from the siding.

This new fence blocks our two electrical outlets
and more importantly the dryer vent now blows
directly into the fence causing blowback. Not to
mention I can now barely access my AC
condenser and even worse, the electrical meter
is blocked.

The town has offered no assistance stating that
their fence permit was approved. Totally
ignoring my points of them not considering the
new fence causes serious potential hazards.

Is this something I have chance of getting a
judge to have them revise their fencing to avoid
these new hazards?

Asked on April 5, 2017 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can bring a legal action (lawsuit) in chancery court (a part or division of superior [i.e. county] court), in which you ask for a "declaratory judgment," or court determination of where the boundary line properly is--and, if their fence is on your property, a court order that they move it. If you wish to explore this option--and be warned, this can be expensive litigation--consult with a real estate attorney.


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