Legal Question in Real Estate Law in New Jersey

property barriers

my neighbor asked if i would sign a document allowing my fence to be his property barrier for his in ground pool. He needs this for the sale of his home. Does this leave me open for a lawsuit if the fence failed and there was an injury in his pool?


Asked on 5/18/09, 7:54 am

2 Answers from Attorneys

Savyon Grant Law Office of Savy Grant

Re: property barriers

Well anyone can always sue, it doesn't mean they have standing. It sounds like your neighbor is asking for an easement.

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Answered on 5/18/09, 7:57 am
Miriam Jacobson Retired from practice of law

Re: property barriers

Ms. Grant is correct.

If your neighbor is asking for an easement or is attempting to modify a property line by agreement, it is in the interest of both of you to have a new survey prepared, showing the boundary line of each property as well as the location of the fence, and also to ask the surveyor to prepare new legal descriptions for each property.

You and your neighbor should first agree in writing how you will share the costs of the survey and other expenses for preparing and recording the easement.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 5/18/09, 3:42 pm


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