Property Line and Fence Laws in New York

New York property line and fence laws address the responsibilities of homeowners regarding boundaries and the construction and maintenance of fence lines between neighbors.

While most people in New York City don’t have the luxury of a fenced-in yard, that doesn’t mean folks in the rest of New York state don’t 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.

If you’re like most other New Yorkers, you’ve 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 to confirm where your property ends and your adjoining neighbor’s property begins.

This article will examine and explain New York’s fence laws and rules regarding temporary fences, spite fences, and other fencing issues.

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. There are also links to helpful topics at the end of this article.

Overview of New York State Laws on Property Lines and Fences

A common question among homeowners is whether they are responsible for constructing and maintaining boundary fences 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.

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 can recover up to 20% of the costs from their neighbor.

If property owners in New York have a fence dispute, a person called a town fence viewer will review the situation and attempt to resolve the dispute. If they aren’t able to do this, either party can take legal action.

New York Law and Spite Fences

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.

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

If someone isn’t sure what the local laws are, they can consult their town’s planning offices. People who live in NYC can consult someone at the Department of Building Codes for advice. As long as a homeowner doesn’t violate these laws, their neighbor will have a hard time proving that they built the fence out of spite.

Common Disputes Between Property Owners Regarding Fences

There are a variety of reasons a property owner would complain about their neighbor’s fence. A person’s neighbor may complain about fence height, fencing materials, or the location of a division fence.

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’s child goes near the fence or tries to climb it, they may suffer a serious bodily injury. The same is true for a neighbor’s pet.

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

New York Property Line and Fence Laws at a Glance

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.

Statutes

• Fence Construction/Maintenance: §300-309
• Property Lines: §381; 871
• Spite Fence Law: §843

Boundary Fences

• Adjoining landowners must make and maintain an equitable portion of division fences unless both parties agree to let the lands remain open
• Landowners who do not keep animals on their land are not obligated or liable for division fences
• Town fence viewers will resolve all property line and boundary line disputes
• Homeowners must repair any fences destroyed by flood or other casualty within ten days of receiving a request to repair

Disclaimer: State laws change frequently, due to new legislation, higher court rulings, and other means. While FindLaw strives to provide the most current information, conduct further research or seek legal advice from a real estate attorney to confirm the laws in your state.

Issues With New York Fence Laws? Speak to an Attorney

To be a good neighbor, trying to resolve property questions through courteous communication should always be the first step. If your neighbor refuses to compromise, it might be time for professional legal help. A New York real estate attorney can examine your situation, explain your options, and assist you with any legal proceedings.

Related FindLaw Resources

• Fencing Laws and Your Neighbors: FAQs
• Top 10 Reasons to Have Your Property Surveyed