Legal Question in Real Estate Law in New Jersey

hopefully this is a simple yes or no

I purchased my home 5 yrs. ago. The shed (which was there when I purchased the property) is not on my property. My survey shows the shed outside of my property line, that along with some fencing. The town bought the land the shed is on. They are giving me 6 weeks to move the shed. My question is, I am legally obligated to move the shed and fence if I did not put it there, and it is not on my property?


Asked on 3/15/08, 9:24 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: hopefully this is a simple yes or no

if you don't, the town may demolish what is on its land, I am not sure.

call me if you want a lawyer's help.

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Answered on 3/15/08, 10:15 pm
John Corbett Corbett Law Firm LLC

Re: hopefully this is a simple yes or no

With an ordinary neighbor, you would not have to move the shed but, if you did not, the neighbor could either use it, move it, or remove it and you would not have anything to say about it. It is encroaching on the adjacent property and you have no right to have it there.

The fact that the owner is the Township makes your life more difficult. If you do not move it, the Township may try to charge you for their costs of removal under whatever oridinance permits them to charge for cleanup. They may add that to your tax bill. Can they do that lawfully? Probably not, but they have control over the tax bills. So, if they do, you will have to go to court to have the charges removed (if the judge agrees). So, if you don't move the shed, you may ultimately have to pay to have it removed anyway.

If you are not interested in moving it back onto your property, you may want to call the Township Manager and ask whether the Township intends to charge you for the removal.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 3/16/08, 10:37 am


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