Albany, NY Fence Regulations: Neighbor Fence Rules (2026)

Some Restrictions

Verified 1 week ago|Source: NY Real Property Actions & Proceedings Law §843 (Spite Fence Statute) →

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Summary

New York is one of a small group of states with a "spite fence" statute on the books. Under Real Property Actions & Proceedings Law (RPAPL) §843, any fence or fence-like structure over 10 feet tall, erected to exclude an adjoining owner or occupant from the enjoyment of light or air, can be adjudged a private nuisance by the New York Supreme Court and its continued maintenance enjoined. The statute preserves a property owner's right to make good-faith improvements. Inside the City of Albany, the everyday height ceiling is much lower — USDO §375-98 caps residential fences at 4 ft (front / street-facing) or 6 ft (side and rear) — so a true RPAPL §843 spite-fence case is rare, but the state cause of action is available to any Albany homeowner who can prove both the over-10-ft height and the malicious intent.

Full Breakdown

Albany neighbor-fence disputes are governed by two layered authorities. At the city level, Albany USDO §375-98 ("Location of Fences and Walls") caps residential fence heights at 4 ft (front yards and any yard with street frontage, max 60% opaque) and 6 ft (side and rear yards, including corner-side yards). Any new fence or replacement fence requires a $25 building permit through the Department of Planning and Development. That city ceiling resolves almost every routine "the neighbor built a tall ugly fence" complaint — the Dept. of Buildings & Regulatory Compliance can order the fence lowered or removed without a court case. Above and behind the city rule sits New York's "spite fence" statute. RPAPL §843 reads (verbatim): "Whenever the owner or lessees of land shall erect or shall have erected thereon any fence or structure in the nature of a fence which shall exceed ten feet in height, to exclude the owner or occupant of a structure on adjoining land from the enjoyment of light or air, the owner or occupant who shall thereby be deprived of light or air shall be entitled to maintain an action in the supreme court to have such fence or structure adjudged a private nuisance. If it shall be so adjudged its continued maintenance may be enjoined. This section shall not preclude the owner or lessee of land from improving the same by the erection of any structure thereon in good faith." Two elements must be proven: the structure exceeds 10 feet, and it was erected to exclude the neighbor from light or air (i.e., with malicious or spiteful intent — courts examine motive, neighborhood character, and whether the structure has any legitimate use). New York courts have applied §843 to densely planted hedge-rows and other fence-like screens, not just board fences, but pure good-faith improvements are immunized by the second sentence. Albany also has no statutory partition-fence cost-sharing law (NY repealed its general "fence-viewer" statutes long ago); cost-sharing between neighbors is a private matter unless set by deed, HOA, or written agreement.

Violations & Fines

A fence that violates Albany USDO §375-98 (over 4 ft in a front yard, over 6 ft in a side or rear yard, or built without a $25 permit) is a USDO violation enforced by the Department of Buildings & Regulatory Compliance — typical enforcement is a notice of violation, requirement to obtain a permit or lower/remove the fence, and per-day fines for continued non-compliance under Chapter 133 of the Albany City Code. A fence over 10 ft erected with intent to exclude a neighbor from light or air is separately actionable under RPAPL §843: the aggrieved neighbor may sue in NY Supreme Court (Albany County) for a private-nuisance declaration and an injunction ordering the fence reduced or removed. RPAPL §843 also allows recovery of attorneys' fees and damages under general nuisance principles where intent is proven. Most disputes are resolved at the USDO level long before §843 is reached.

Frequently Asked Questions

Does Albany, NY have a "spite fence" law?

Yes — at the state level. New York Real Property Actions & Proceedings Law §843 lets an Albany homeowner sue in NY Supreme Court if a neighbor erects a fence or fence-like structure over 10 feet tall specifically to exclude them from light or air. If the court agrees, it can declare the fence a private nuisance and order its continued maintenance enjoined. The statute does not penalize good-faith improvements, so the suing neighbor must show malicious intent, not just inconvenience.

How tall can my neighbor's fence be in Albany before it's illegal?

Albany USDO §375-98 caps residential fences at 4 feet in any yard with street frontage (and no more than 60% solid) and 6 feet in side and rear yards. Above those heights, a permit and possibly a Board of Zoning Appeals variance are required. A fence over 10 feet erected to spite a neighbor can also be challenged in court under NY RPAPL §843.

Can I sue my neighbor in Albany for blocking my sunlight with a fence?

Only if the fence or fence-like structure exceeds 10 feet in height AND was put up to exclude you from light or air. Under RPAPL §843, you can sue in NY Supreme Court for a private-nuisance declaration and an injunction. Courts look at the structure's height, its use, the neighborhood, and any evidence of spiteful motive. A simple privacy fence built in good faith — even a tall one — is protected by the statute's good-faith improvement clause.

Who pays for a fence between two Albany properties?

New York does not have a statutory cost-sharing law that forces neighbors to split fence costs. Unless a deed, HOA covenant, or written agreement says otherwise, whoever builds the fence pays for it and owns it. Albany follows the same rule — the City does not arbitrate cost-sharing disputes; those are private civil matters.

Do I need to tell my neighbor before I build a fence in Albany?

Albany USDO §375-98 does not require neighbor notice or consent before a fence permit is issued — you only need to apply through the Department of Planning and Development with a site plan and the $25 fee. That said, the fence must be built entirely on your own side of the property line, so a current survey is recommended. Building partly on the neighbor's land can lead to a trespass or boundary-encroachment lawsuit independent of the USDO process.

Albany, NY Fence Regulations: Neighbor Fence Rules (2026)

Summary

Full Breakdown

Violations & Fines

Frequently Asked Questions

Sources & Official References

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