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TDobie66 · Jul 30, 2007, 12:14 PM

I need to file a quiet title in Monmouth County and am unsure how to go about it. I purchased my first home and was not given the survey until after the closing. We noticed that our property line didn't coinside with the fenceline that was in the backyard. When we discussed it with the lawyer and the realtor they told us that all we had to do was wait 2 years and the property would be ours because the fence had been there for 18 years already. It is now 4 years later and the township will not let me put my fence where the existing fence is, because according to them, I do not own the property. They will not let me get an easement because they say what will happen when I sell my home. So, I am looking for a referral to a lawyer because I believe it would be safer for me than filing it myself. Unless someone can give me advice as to how to go about it myself.
Thank you all in advance.
Tdobie66

LisaB4657 · Jul 30, 2007, 12:20 PM

If you are talking about Monmouth County in NJ then you're going to need an attorney to handle this. I suggest you contact Ansell Zaro Grimm & Aaron. I've dealt with several of the attorneys in their firm and they really know their stuff when it comes to real estate. If I were in your position they are the ones I would call. Their number is (732) 922-1000.

ebaines · Jul 30, 2007, 12:27 PM

I believe in NJ there is no provision that says the property becomes yours just because the neighbors whose property you are encroaching on haven't objected, but as already suggested by others, check with a lawyer. I have the same issue - my rear fence encroaches on the neighbors (the fence was already there when we moved in). When I asked my attorney about it, he said to be prepared in case the neighbor decides to move the fence on his own, and that I can't claim the property is mine just because the neighbor hasn't complained. It's been like this for 20 years now - I do worry that if he ever sells the house the new owners may not be so apathetic.

Fr_Chuck · Jul 30, 2007, 12:37 PM

If you did not have the property surveyed before you bought it, I am sorry but that is your own fault and responsibility.

If you took someone's word for it, it is not binding, and the legal property lines are those that are of the survey. You can try, but it is not a slam dunk.

Ravenbeauty · Jul 30, 2007, 12:49 PM

I live in a apartment in a house and I received a foreclosure letter from the court. Do I have to still pay rent?

ebaines · Jul 30, 2007, 12:53 PM

I see you just posted the same question as a new thread - please see my response there.