N.J. Stat. tit. 4, ch. 20

in effect

N.J. Stat. § 4:20-1 § 4:20-1

A fence shall be deemed lawful, subject to the provisions of section 4:20-2 of this title, if four feet and two inches high measuring from the level or surface of the earth, and close, strong and sufficient to prevent horses and cattle from going through or under it.

N.J. Stat. § 4:20-2 § 4:20-2

A fence set in the line of partition between persons either of whom shall improve his adjoining lands shall, in addition to compliance with section 4:20-1 of this title, be so close, strong and sufficient as to prevent sheep from going through or under it, except that owners of adjoining lands lying upon streams or rivers subject to overflow, commonly known as lowland meadow, shall be exempt from fencing against sheep unless by mutual agreement.

N.J. Stat. § 4:20-3 § 4:20-3

Fences between the lands of adjoining landowners constructed of barbed wire or wire on which barbs or points are strung or fastened shall not be deemed lawful fences unless their erection is consented to by the adjoining owner, and such fences are hereby prohibited without such consent.

N.J. Stat. § 4:20-4 § 4:20-4

Swinging gates erected as a part of a partition fence between adjoining lands shall be considered a lawful fence if they are four feet six inches high, and so close and strong as to prevent horses, cattle and sheep from going through or under them.

N.J. Stat. § 4:20-5 § 4:20-5

Ditches and drains made in or through salt marshes and meadows for fencing and draining them, which are five feet wide and three feet deep, and ditches and drains in or through other meadows, which are nine feet wide at the surface of the meadow, four feet and a half wide at bottom, and three feet deep, and lie on a mud or miry bottom, shall be deemed lawful fences.

N.J. Stat. § 4:20-6 § 4:20-6

Brooks, rivers, ponds, creeks and hedges, or other matter or thing equivalent to a fence as provided in this article, may be adjudged lawful fences in the discretion of those who may be called upon as prescribed in this chapter to view such things.

N.J. Stat. § 4:20-6.1 Matching grant program established; deer fencing.

1. a. There is established in the Department of Agriculture a matching grant program for the purpose of providing funding for wildlife fencing to the owner, operator, or lessee of any commercial farm that does not qualify for a wildlife fencing grant pursuant to P.L.2016, c.12 (C.13:8C-43 et seq.) or section 1 of P.L.2023, c.223 (C.13:8C-50.1). b. (1) The department shall award grants of up to 50 percent of eligible project costs, not to exceed a total of $50,000 per applicant. (2) Eligible project costs to be funded by a matching grant under the program shall include the cost to purchase wildlife fencing, the maintenance costs of existing wildlife fencing, and any other costs established as eligible project costs pursuant to rules and regulations adopted by the department pursuant to subsection f. of this section. c. The owner, operator, or lessee of a farm, as set forth pursuant to subsection a. of this section, shall be eligible for a matching grant for eligible project costs and may apply in the form and manner prescribed by the department, provided that: (1) the applicant's farming operation has a minimum of $10,000 in gross sales in the preceding calendar year from agricultural or horticultural products grown or derived from the applicant's farm operation, as reflected in either personal or business federal tax return forms; and (2) if the applicant is a lessee, the applicant has written approval to install deer fencing on the land from the owner of the land on which the deer fencing is to be installed. d. (1) The owner, operator, or lessee of a farm awarded a grant pursuant to this section shall, as a condition of receipt of the grant, enter into an agreement with the Department of Agriculture that requires the land to be retained in agricultural or horticultural production for eight years immediately following the receipt of the grant. An agreement entered into pursuant to this subsection shall not be required to be filed with the municipal tax assessor and recorded with the county clerk in the same manner as a deed. The department shall retain a copy of the agreement for the period of eight years provided for in the agreement and shall require any repayment of the grant as may be necessary pursuant to paragraphs (2) and (3) of this subsection. (2) If (a) the owner, operator, or lessee of a farm awarded a grant pursuant to this section does not retain the land in agricultural or horticultural production or (b) the owner sells the land prior to the expiration of the eight-year period required pursuant to paragraph (1) of this subsection, the owner, operator, or lessee receiving the grant shall be required to repay the grant to the department on a pro rata basis as provided in paragraph (3) of this subsection. (3) (a) If, during the eight-year period required pursuant to paragraph (1) of this subsection, the owner, operator, or lessee of a farm awarded a grant pursuant to this section does not retain the land in agricultural or horticultural production, or the owner sells the land, the owner, operator, or lessee of the farm who received the grant shall be required to repay, on a pro rata basis rounded to the nearest month, a sum proportional to the total amount of the awarded grant. (b) If the recipient of the grant is an operator or lessee who the current owner of the land allows to continue to operate or lease the land for agricultural or horticultural production, and the operator or lessee continues to use the land for agricultural or horticultural production, the recipient of the grant shall not be required to repay the grant or portion thereof in accordance with this paragraph, provided the land is used for agricultural or horticultural production during the eight-year period required pursuant to paragraph (1) of this subsection. e. The Department of Agriculture shall request annually, as part of its annual budget proposal, such amount as may be necessary to fund the grants authorized pursuant to this section. The department shall also coordinate with the Division of Fish and Wildlife in the Department of Environmental Protection, the United States Department of Agriculture, and any other applicable State or federal agency, to pursue any available federal, State, local, and private funding for the grants authorized pursuant to this section. f. The Department of Agriculture may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement this section, including, but not limited to, establishing: (1) information required to be submitted to the department to determine if a farm is eligible for funding pursuant to subsections a. and c. of this section; (2) costs that qualify as eligible project costs in addition to those set forth in section b. of this section; (3) the manner in which an owner, operator, or lessee of a farm eligible for funding pursuant to this section shall provide evidence of the required 50 percent match for a grant; (4) the manner in which an owner, operator, or lessee of a farm awarded a grant pursuant to this section shall repay the grant on a pro rata basis to the department if the land is sold or is not retained in agricultural or horticultural production for eight years following the receipt of the grant; and (5) requirements to be included in an agreement entered into by a grant recipient with the department pursuant to subsection d. of this section. g. As used in this section, "commercial farm" means a commercial farm as that term is defined in section 3 of P.L.1983, c.31 (C.4:1C-3). L.2021, c.451; amended 2023, c.223, s.2.

N.J. Stat. § 4:20-7 Duty to make and maintain portion of partition fence

Where the lands of any 2 or more persons shall join each other and 1 or more of them are using said lands for the pasturage or keeping of animals, each of them so using said lands shall make or amend and maintain a just proportion of the partition fence between said lands except when all of said persons shall choose to let their adjoining lands lie vacant and open, but no such adjoining owner shall be required to make, amend or maintain any portion of any such partition fence, unless he is using his adjoining lands for said purposes. Amended by L.1958, c. 45, p. 148, s. 1.

N.J. Stat. § 4:20-8 Failure to make and maintain portion of partition fence

When a person after due notice shall fail to make or amend and maintain his part or proportion of a partition fence as required by section 4:20-7 of this Title, the other person may make or amend and maintain the same wholly, in which event he shall be entitled to receive, from the person so failing, the entire expense thereof, if he is not using his adjoining lands for the pasturage or keeping of animals, or if he is so using his adjoining lands, he shall be entitled to receive 1/2 of the expenses thereof, if the other person is using his adjoining lands for said purposes, as appraised and certified in writing by 2 disinterested members of the township committee where the lands lie, together with the legal fees of such committee for their services as ascertained in writing. Upon nonpayment by the delinquent person of the sum so found and the fees certified to be due, the other person may recover such sums, with costs of suit, in a civil action in any court of competent jurisdiction. Amended by L.1953, c. 5, p. 44, s. 53; L.1958, c. 45, p. 149, s. 2.

N.J. Stat. § 4:20-9 Apportioning of partition fence for erection and maintenance

The place where a partition fence is or shall be made, between adjoining lands both used for the pasturage or the keeping of animals, shall be equally divided, regard being had to the quantity of fence necessary and other conveniences of fencing and each party shall take an equal share of such fence to make or amend and maintain, so that it may be known which part thereof is his own. When the parties cannot agree in making the division, then any 2 members of the township committee of the township where the lands lie or any 2 members of the board or body having control of the streets in any other municipality, who are disinterested, shall, upon application of either party and in the presence of the parties if they will attend, make such division. Such determination shall be delivered to each of the parties in writing and be binding upon them and the succeeding owners and tenants of the lands. Amended by L.1958, c. 45, p. 149, s. 3.

N.J. Stat. § 4:20-10 § 4:20-10

When two of the township committee shall determine the parts or shares of any partition fence to be made under the provisions of this article, they shall specify in writing the time within which such fence shall be made by the parties, respectively, to whom such parts or shares have been assigned.

N.J. Stat. § 4:20-11 Placing partition fence where parties disagree

To avoid the difficulty that may arise touching the placing of a partition fence when the parties cannot agree thereupon, the persons proposing to make the fence may apply to any two members of the township committee of the township where the lands lie or any two members of the board or body having control of the streets in any other municipality, who are disinterested, who, upon hearing the allegations and proofs of the parties shall fix, by writing under their hands to be delivered to each of the parties, the place where the fence shall be made. When the fence has been made in the place so fixed and one party has failed to make his just part or proportion thereof, the party making it may recover such part or proportion of the charges in the manner provided in section 4:20-8 of this title, although it may not happen to be exactly in the division line. The fixing of the place for the fence as provided in this section shall not deprive either party of a lawful claim to a greater quantity of land and either party may maintain an action therefor as though such determination had never been made.

N.J. Stat. § 4:20-12 Placing and apportioning partition fence when line is private road or watercourse

When lands belonging to or occupied by different persons and subject to be fenced, are bounded upon or divided from each other by a private road, or by any creek, brook, stream, pond or run of water which is not navigable for boats or flats and is not of itself a sufficient fence, and the owner or possessor of the land on 1 side, who is required by this article to make or amend and maintain a sufficient fence or to contribute to the making, amending and maintaining thereof, shall refuse to do so or to join with the owner or possessor of the land on the other side in making a partition fence on 1 side or the other, or cannot agree respecting the fence, then either of the owners or possessors may apply to any 2 of the township committee of the township where the lands lie, who are disinterested. If such committee on examination is of the opinion that the private road or creek, brook, stream, pond or run of water does not constitute a sufficient fence and that it is impracticable or inconvenient without unreasonable expense for the partition fence to be made in the middle or other part of the private road or water which is the true division line between the parties, such committee, in the presence of the parties, if they will attend, shall determine, fix and ascertain, as to it shall appear just and reasonable, how or on which side thereof the fence shall be set up and maintained, or whether partly on 1 side and partly on the other, and the part or share of the fence, if any, which each person shall make and maintain, and reduce its decision to writing delivering a part thereof to each party. If either party shall fail to make and maintain his part or proportion of the fence as determined by the committee, the other party may make and maintain the same wholly in which event the other party shall be liable as provided in section 4:20-8 of this Title. Amended by L.1958, c. 45, p. 150, s. 4.

N.J. Stat. § 4:20-13 Placing and apportioning partition fence when line is township boundary

When lands belonging to different persons are bounded on the division line between 2 townships, 1 person shall be taken from the township committee of each of the townships, to determine, as provided in sections 4:20-8, 4:20-11 and 4:20-12 of this Title, the place where a partition fence shall be set up and maintained, and the part or share thereof, if any, which each person shall make and maintain. Amended by L.1958, c. 45, p. 151, s. 5.

N.J. Stat. § 4:20-14 § 4:20-14

When two of the township committee, called as provided in this chapter to determine any matter in difference, cannot agree in their determination, they may call upon a disinterested freeholder of the neighborhood to join with them, and the determination of any two of them, made and certified in writing in the manner provided in this chapter, shall be binding and conclusive between the parties.

N.J. Stat. § 4:20-15 § 4:20-15

A member of a township committee who upon due notice, and the request of any person interested to perform any of the duties assigned to him by this chapter, shall refuse or neglect forthwith to attend accordingly, shall forfeit and pay the sum of four dollars and costs to any person who shall sue therefor in an action at law within thirty days after such neglect or refusal.

N.J. Stat. § 4:20-16 Fees of township committee members

A member of a township committee shall be allowed, for the time he is engaged in the performance of duties under this chapter, one dollar per day and fifty cents for a half day, to be paid by the person or persons employing him. When such person or persons shall fail to pay the members of the committee their legal fees within thirty days after the service done, they may severally recover double the amount of such fees, with costs of suit, by action at law. Each one of the committee may be a witness for or against his companion in any such action.

N.J. Stat. § 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.

N.J. Stat. § 4:20-18 § 4:20-18

Nothing contained in this chapter shall render void a written agreement respecting the making or maintenance of partition fences.

N.J. Stat. § 4:20-19 Registration of agreements and certificates; fee

The clerk of a township shall provide, at the expense of the township, a book for the purpose of registering written agreements of persons relative to a division of the fence or fences of their adjoining lands. Such agreements and the certificates in writing of any two of the township committee who may make a division of any fence or fences under the provisions of this chapter shall be recorded by the clerk or clerks of the township or townships in which the fences are located, and the clerk or clerks shall be entitled to a fee of twenty-five cents for such service. Before any such agreement or certificate is recorded it shall be acknowledged by the parties or said township committeemen, or the execution thereof proved as deeds of conveyance of lands are required to be acknowledged or proved before the recording thereof.

N.J. Stat. § 4:20-21 Failure of clerk to register; penalty

A township clerk who shall fail to enter or register an agreement or certificate such as is referred to in section 4:20-19 of this Title, within two weeks after it is made and delivered to him with a tender of the fees, shall forfeit five dollars ($5.00) to be recovered, with costs of action, by a civil action by any person who shall sue for it. Amended by L.1953, c. 5, p. 44, s. 54.

N.J. Stat. § 4:20-22 § 4:20-22

When horses, cattle or sheep shall get over, creep through or break down any fence declared lawful by this chapter, the owner of the animals shall pay to the person injured all damages occasioned thereby, to be appraised and certified in writing by two substantial and indifferent men of the neighborhood mutually chosen by the parties, which men, unless otherwise agreed upon by the parties, shall be owners of a class of property similar to that damaged. If the owner of the animals shall neglect or refuse to choose one of the appraisers then the injured party may choose both such appraisers himself. When the appraisers cannot agree upon the damages they may choose a freeholder of the neighborhood to join them, whereupon the appraisement by any two of them, made and certified in writing, shall be binding and conclusive upon the parties.

N.J. Stat. § 4:20-23 Impounding and sale of such animals

The person injured as provided in section 4:20-22 of this title may take and impound the animals found trespassing or doing damage, as therein provided, in his field or other inclosure for twenty-four hours and shall give notice thereof to the owner of the animals, if known and easily to be found. If the animals are not redeemed within the twenty-four hours by payment of or satisfaction for the damages certified as provided in said section 4:20-22, the person damaged shall take them to the public pound of the township, where the poundkeeper shall receive and keep them until the damages so certified and the charges of conveying and pounding are paid. The person damaged shall have twenty-five cents per head for horses and cattle and fifteen cents for sheep, for taking the animals to the pound, and the poundkeeper shall have the same fees for letting in and out of the pound, and forty cents per head for horses and cattle and twenty-five cents for sheep for every twenty-four hours they shall remain in the pound. If the owner of the impounded animals does not pay the damages and charges of impounding within four days after the animals are impounded, or replevy them, the poundkeeper shall set up advertisements in at least three of the most public places in the township to which the pound belongs, and in one or more of the most public places in the two next adjoining townships, particularly describing the animals and giving at least thirty days' notice of an intended day and place of sale, and stating that if the owner does not appear and redeem the animals before the time so notified, they will be sold at public sale. If the owner, or another for him, does not appear and redeem the animals at the time and place of the sale, the poundkeeper shall sell them accordingly, and out of the money arising therefrom shall pay the damages and charges of conveying to the pound, retain his fees for pounding, keeping and feeding the animals and the further sum of one dollar for each animal for setting up the advertisements and notice of sale and selling such animal, and return the surplus to the owner. If the owner does not appear and claim the surplus within twelve calendar months after the sale, it shall be paid to the clerk of the township where the animals were impounded, for the use of the township.

N.J. Stat. § 4:20-24 § 4:20-24

Where there is no public pound kept within the township, the person damaged by animals trespassing as provided in section 4:20-22 of this title may impound them in his own field or inclosure until redeemed as provided in section 4:20-23 of this title, and he shall act in all respects, and be entitled to the same fees as the poundkeeper.

N.J. Stat. § 4:20-25 Molestation of gate in partition fence; penalty; damages and impounding of animals

A person who shall stake, shore or leave open or insecure, or cut, break, pull down or destroy or in any way leave a gate, erected as a part of a partition fence as authorized in section 4:20-24 of this Title, so that the horses or cattle of the owner of the adjoining lands may pass through it, shall, for every such offense, be liable to a penalty of five dollars ($5.00), to be recovered with costs by a civil action by any person who shall sue for it. The offender shall also pay to the owner or tenant of the lands trespassed upon all damages which he or they may have sustained thereby, to be appraised as provided in section 4:20-22 of this Title, which damages shall be recovered by a civil action. The owner of the trespassing horses, cattle or sheep shall be entitled to protection from injury to such animals as provided in section 4:20-28 of this Title, and shall not be liable to have his animals impounded, or be liable to an action for damages accruing thereby. Amended by L.1953, c. 5, p. 44, s. 55.

N.J. Stat. § 4:20-26 § 4:20-26

An owner or possessor of land who shall fail to make and keep in good repair the fence or fences about his own land as directed by this chapter, shall not have a cause of action for damages caused by animals of another person which by reason of such failure shall break in or enter into or upon such land, over or through such fence, nor shall such animals be impounded. This section shall not apply to partition fences.

N.J. Stat. § 4:20-27 Effect of failure to maintain portion of partition fence

A person to whom a part or share of a partition fence is assigned to make or amend and maintain as provided in this chapter, who shall neglect or refuse, after due notice, to make and repair such part or share, shall be liable to make good all damages, to be ascertained according to the directions of this chapter, caused by his own or the animals of a third person which by reason of such neglect or refusal shall break in, enter into or upon his neighbor's land, over or through such fence and his animals may be impounded and held in pound until he shall pay the damages and all charges occasioned thereby as provided in this chapter. When the animals of a third person only have trespassed upon the neighbor's land by reason of such neglect or refusal, the neighbor may sue for and recover his damages, with costs, from the person so neglecting or refusing, in an action at law in any court of competent jurisdiction. When the animals of the neighbor who has made and maintained the part or share of the partition fence assigned to him according to the directions of this chapter, or the animals of a third person, shall trespass on the land of a person through that part of the partition fence which he has neglected or refused to make or maintain, such neighbor or a third person shall not be liable to have their animals impounded or be liable to an action to recover damages accruing thereby.

N.J. Stat. § 4:20-28 § 4:20-28

An owner or possessor of land who is damaged for want of a lawful and sufficient fence and who shall hurt or cause any horses, cattle or sheep to be hurt, wounded, lamed, killed or destroyed, shall be liable to pay full damages to the owner of such animals, to be recovered, with costs, in an action at law in any court of competent jurisdiction.

N.J. Stat. § 4:20-29 § 4:20-29

A person who, without the consent of the adjoining landowner, shall erect a partition fence of barbed wire or wire on which barbs or points are strung or fastened shall be liable for all damages which may be caused thereby to the animals of the adjoining landowner.

N.J. Stat. § 4:20-30 § 4:20-30

A person who shall plant a hedge for fencing upon the line of a public highway three rods or more wide, may erect and keep up, for the preservation of such hedge for a period not exceeding six years from the planting thereof, a fence of the kind he may choose, out into the public highway at a distance of four feet from the hedge; and neither the officer, board or body having control of the highways nor any other person shall, within the six-year period, remove, destroy or in any manner injure the fence.

N.J. Stat. § 4:20-31 § 4:20-31

Neither the officer, board or body having control of the highways nor any other person shall plough, dig or otherwise turn up or remove any earth or soil within four feet of a hedge planted upon the line of a public highway, whether the fence authorized in section 4:20-30 of this title is put up or not.

N.J. Stat. § 4:20-32 Violations of sections 4:20-30 and 4:20-31; penalty; damages

Any person who shall offend against the provisions of sections 4:20-30 and 4:20-31 of this Title, or shall willfully injure, dig up, or otherwise deface or destroy any hedge sets, hedges or fence erected for their protection, shall for each offense be liable to a penalty of thirty dollars ($30.00), to be recovered, with costs, in a court of competent jurisdiction, by a civil action by and in the name of the person injured, and in addition thereto shall be liable for all damages to the person injured. Amended by L.1953, c. 5, p. 45, s. 56.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026