New York State Real Property Actions and Proceedings Law 843 prohibits spite fences. In Manhattan, boundary disputes are usually resolved through civil action in Housing Court or Supreme Court, not by a county ordinance.
New York County does not have a dedicated shared-fence statute, but RPAPL 843 (often called the spite fence law) allows a property owner to bring a nuisance action against a neighbor who erects a fence or structure over 10 feet high that serves no useful purpose and was built primarily to annoy the adjoining owner. Because most Manhattan lots are developed wall-to-wall, true boundary fences between single-family parcels are uncommon. When disputes arise over party walls, rear yard fences, or encroaching structures, they are typically addressed through New York Supreme Court, the Civil Court, or through the co-op or condominium board. The NYC Department of Buildings will enforce zoning-related fence height and placement, but it does not mediate private property boundary disputes. Owners sharing a party wall have common-law obligations to maintain it.
Contact your local code enforcement office for specific penalty information.
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