{"id":375348,"date":"2017-11-02T17:13:04","date_gmt":"2017-11-02T22:13:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/property-line-and-fence-laws-in-new-york.html"},"modified":"2025-06-25T14:30:50","modified_gmt":"2025-06-25T19:30:50","slug":"property-line-and-fence-laws-in-new-york","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/property-line-and-fence-laws-in-new-york.html","title":{"rendered":"Property Line and Fence Laws in New York"},"content":{"rendered":"\n
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Property Line and Fence Laws in New York<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

New York property line and fence laws address the responsibilities of homeowners regarding boundaries and the construction and maintenance of fence lines between neighbors.<\/b><\/blockquote>\r\n

While most people in New York City don\u2019t have the luxury of a fenced-in yard, that doesn\u2019t mean folks in the rest of New York state don\u2019t have them. Regardless of where you live in New York, you have to abide by the New York laws dealing with fences and property boundaries<\/a>.<\/p>\r\n

If you\u2019re like most other New Yorkers, you\u2019ve probably had to experience disputes with your neighbors regarding fences and other property line issues. You may have even had to hire a land surveyor<\/a> to confirm where your property ends and your adjoining neighbor\u2019s property begins.<\/p>\r\n

This article will examine and explain New York\u2019s fence laws and rules regarding temporary fences<\/a>, spite fences, and other fencing issues.<\/p>\r\n

If you have questions about local laws on constructing a new fence or maintaining an existing fence, consider contracting a New York real estate attorney<\/a>. There are also links to helpful topics at the end of this article.<\/p>\r\n

Overview of New York State Laws on Property Lines and Fences<\/b><\/h2>\r\n

A common question among homeowners is whether they are responsible for constructing and maintaining boundary fences<\/a> that lie on a shared property line. New York state law does not specifically address division fences, except in the context of farmers and ranchers.<\/p>\r\n

When it comes to farmers or people who keep domesticated animals, state law says that both neighbors must create and maintain an equitable portion of the fence. It also states that a property owner who installs or repairs a division fence<\/a> can recover up to 20% of the costs from their neighbor.<\/p>\r\n

If property owners in New York have a fence dispute, a person called a town fence viewer<\/a> will review the situation and attempt to resolve the dispute. If they aren\u2019t able to do this, either party can take legal action.<\/p>\r\n

New York Law and Spite Fences<\/b><\/h2>\r\n

A landowner may construct a spite fence on their boundary line to annoy their neighbor. If your neighbor installs a spite fence, you may be able to sue them for a private nuisance<\/a>.<\/p>\r\n

Under New York law, a spite fence is one higher than ten feet that a homeowner builds to interfere with their neighbor\u2019s enjoyment of light or air. There are height limits for fences<\/a> on residential property, and homeowners must comply with the local zoning and fence laws.<\/p>\r\n

If someone isn\u2019t sure what the local laws are, they can consult their town\u2019s planning offices. People who live in NYC can consult someone at the Department of Building Codes<\/a> for advice. As long as a homeowner doesn\u2019t violate these laws, their neighbor will have a hard time proving that they built the fence out of spite.<\/p>\r\n

Common Disputes Between Property Owners Regarding Fences<\/b><\/h2>\r\n

There are a variety of reasons a property owner would complain about their neighbor\u2019s fence. A person\u2019s neighbor may complain about fence height, fencing materials<\/a>, or the location of a division fence.<\/p>\r\n

In a residential neighborhood with single-family homes, constructing a fence out of barbed wire is not a great idea, and also probably not permitted. If a neighbor\u2019s child goes near the fence or tries to climb it, they may suffer a serious bodily injury. The same is true for a neighbor\u2019s pet.<\/p>\r\n

Another common complaint between adjoining homeowners relates to encroachment<\/a>. An argument can start over whether a neighbor\u2019s fence encroaches on the other’s property line or landscaping. Some property owners complain that their neighbor\u2019s fence interferes with their right-of-way or easement.<\/p>\r\n

New York Property Line and Fence Laws at a Glance<\/b><\/h2>\r\n

There’s a lot to know about the state laws related to fences in New York. To help, we’ve broken them down and included links to important code sections.<\/p>\r\n

Statutes<\/b><\/h3>\r\n