New Jersey Neighbor Fence Rules (2026)

Key Facts

Spite fence rule: Common law nuisance
Partition fences: N.J.S.A. 4:20-1 et seq.
Cost sharing: Equal between owners
Remedy: Injunction or damages

Full Breakdown

New Jersey follows the common-law spite fence doctrine recognized in Caldwell v. Gorman and refined by later cases: a fence erected primarily out of malice and serving no legitimate purpose can be enjoined as a private nuisance. Title 4, Chapter 20 of the New Jersey Statutes (N.J.S.A. 4:20-1 et seq.) governs partition fences between agricultural lands, requiring adjoining owners to share construction and maintenance costs equitably. These statewide rules apply regardless of municipal fence ordinances, which only regulate height, materials, and permits.

Violations & Penalties

Spite fences may be ordered removed or lowered by Superior Court (Chancery Division). Refusal to share partition fence costs allows the paying neighbor to recover double damages under N.J.S.A. 4:20-9.

Frequently Asked Questions

Can a New Jersey neighbor build a tall fence purely to block my view?

If the fence has no legitimate use and was erected from malice, NJ courts can declare it a spite fence and order it removed or reduced, even if it complies with the local height ordinance.

Do I have to split fence costs with my neighbor in New Jersey?

For partition fences between farms or rural parcels, yes, under N.J.S.A. 4:20. For ordinary residential fences, no statute compels sharing absent a written agreement or recorded covenant.

New Jersey Spite Fence and Boundary Fence Rules

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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