4:20-17 - Notice as prerequisite to removal of partition fence - New Jersey Statutes

4:20-17.  Notice as prerequisite to removal of partition fence
    When a partition fence is made between 2 persons as directed in this chapter  and either of them shall cease to use his adjoining lands for the pasturage or  keeping of animals and shall desire to give up his improvement and leave the  same open and common, he shall not take up or remove the fence without giving 1  year's notice in writing to the person in possession of the adjoining lands.

    A person who shall remove such fence without giving the notice or before the  expiration of the year, shall be liable to make good all damages sustained by  the other person thereby, to be recovered, with costs of suit, in any court of  competent jurisdiction.

     Amended by L.1958, c. 45, p. 151, s. 6.