Fence neighbor rules in Orange County NY are governed by NY Real Property Actions & Proceedings Law (RPAPL) §843 on spite fences and NY RPL §840 on boundary fences. A fence over 10 ft erected primarily to annoy a neighbor may be declared a private nuisance. NY has no statutory shared-cost requirement. Most Orange County towns require the finished (smooth) side of a fence to face the neighbor.
RPAPL §843 (the 'spite fence' statute) allows a neighbor to seek equitable relief and damages against any fence or fence-like structure exceeding 10 feet erected or maintained maliciously. NY RPL §840 addresses boundary division fences but does not impose automatic shared-cost obligations — neighbors must agree in writing. Many Orange County towns (Newburgh §185, Wallkill §249, Warwick §164, Goshen §97) require that the finished/smooth side of a fence face the adjoining property; structural posts and rails face the owner's lot. Property-line disputes are resolved in NY Supreme Court through quiet-title or ejectment actions; surveys are generally required. NY recognizes adverse possession of fenced areas under RPAPL §541 (10-year hostile, continuous possession with a recorded claim).
Spite fence over 10 ft: civil action under RPAPL §843 — injunction to remove plus damages. Backwards fence orientation: $100-$500 town code fine. Encroachment across property line: civil action for damages or ejectment.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
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