Showing ordinances that apply to Montrose, NY
Montrose is an unincorporated community (population 2,862) in Westchester County, New York. Because Montrose is not an incorporated city, it does not have its own municipal code. Instead, Westchester County ordinances apply directly to properties here. The neighbor fence rules rules below are the ones that govern your area.
NY Real Property Actions and Proceedings Law Section 843 addresses spite fences over 10 feet erected maliciously to annoy neighbors. Westchester has no statutory shared-cost requirement for boundary fences. Surveys resolve boundary disputes before construction.
RPAPL 843 allows a neighbor to sue for private nuisance if a fence over 10 feet was erected primarily to annoy them. Remedies include injunction and damages. New York is not a fence-in state, so there is no statutory duty to share fence costs. Written agreements between neighbors on shared fences are strongly recommended. Boundary surveys required in most Westchester permit applications.
Spite fence civil judgment: removal order plus attorney fees and damages.
See how Montrose's neighbor fence rules rules stack up against other locations.
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