New Jersey property laws on backyard fences emphasize local municipal rules over statewide standards, focusing on setbacks, heights, and property lines to prevent disputes. Deeds may include specific restrictions, but common issues arise from boundary encroachments and long-term fence placement.
Key Fence Regulations
Backyard (side and rear yard) fences typically max out at 6 feet in residential zones, though heights can reach 8 feet in non-residential areas per state administrative codes. Local townships like East Brunswick require solid front-yard fences set back 4 feet with landscaping buffers, while open fences (50% open) can sit on the property line. Permits are almost always required, often needing a property survey to confirm placement entirely within your deed-defined lines.
Boundary and Deed Issues
Fences must stay within your property boundaries as per your deed; encroachments can lead to disputes or court-ordered removal. Deeds rarely restrict backyard fences explicitly unless in HOAs or conservation easements, but check for covenants limiting height, materials, or spite fences (built maliciously). Neighbor discussions and surveys prevent “neighborly accommodation” claims where off-line fences are tolerated.
Adverse Possession Risks
A misplaced backyard fence risks adverse possession if a neighbor openly uses your land beyond it for 30 years without permission, potentially altering deed ownership. Courts scrutinize if the fence creates a “substantial enclosure” or was for non-boundary purposes like animal containment; nominal permission (e.g., a small annual fee agreement) defeats hostility claims. A 16-year limit applies to encroachment lawsuits.
