NY RPAPL 843 addresses boundary disputes. Spite fence doctrine (RPAPL 843) allows action against fences over 10 ft built to annoy neighbors. No statutory shared-cost law; party-fence costs are private agreement. Common law governs.
New York Real Property Actions and Proceedings Law Section 843 is the state's spite fence statute: a fence or structure exceeding 10 feet in height that serves no reasonable purpose and was erected to annoy a neighbor constitutes a private nuisance and may be abated by court order. New York, unlike some states, has no statutory obligation requiring neighbors to share the cost of a boundary fence; Real Property Law Section 840 allows but does not compel cost-sharing, and any split must be by written agreement. Broome County boundary disputes are handled by the Broome County Supreme Court (Civil Division, 607-778-2272). Finished-side rules, setback, and height caps are set by each municipality. Title surveys are recommended before building along a lot line; encroachments can be removed or subjected to adverse-possession claims after 10 years of continuous use.
Spite fence litigation is a civil action in Supreme Court; remedies include abatement (removal) and money damages. Local height or setback violations trigger municipal zoning enforcement with fines typically $250-$500 per day.
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