Shared fences in Islip are governed by common law. NY Real Property Actions and Proceedings Law (RPAPL) 543 addresses spite fences over 10 feet erected to annoy neighbors. No statutory cost-sharing requirement exists. Written agreements recommended for shared fences.
Under RPAPL 543, a fence over 10 feet with no reasonable purpose that annoys a neighbor is a private nuisance. Neighbors may sue for removal and damages in Suffolk County Supreme Court. Party-wall fences (straddling property line) require both owners consent to modify. Survey strongly recommended before construction.
Contact your local code enforcement office for specific penalty information.
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