NY follows the common-law good neighbor rule; finished side of fence must face adjoining properties in most Rockland towns. Shared boundary fences require consent or written agreement. NY RPAPL 843 governs spite fence disputes.
New York is a 'good fences' common-law state but has no statewide fence obligation (unlike partition fence states). NY Real Property Law §840 governs shared boundary-fence cost-sharing where adjoining owners agree; RPAPL §843 provides a cause of action against 'spite fences' — fences maliciously erected and exceeding 10 feet to annoy a neighbor. Rockland town codes typically require the finished (smooth) side of a fence to face the adjoining property: Clarkstown Town Code §290-19 and Ramapo §376-95 include this rule. Boundary disputes require survey; encroachment onto a neighbor's land can be treated as trespass or yield adverse possession after 10 years under RPAPL §501 (with 'claim of right'). Shared maintenance requires written agreement — NY courts will enforce cost-sharing where both parties use or benefit. Easements may exist for access along fences; check your deed. NY does not recognize a common-law right to an unobstructed view. Historic districts (Nyack, Piermont, Haverstraw) add HDC approval for fence materials and design. Homeowners in HOAs must also comply with declaration covenants.
Spite fence under RPAPL §843: injunction to remove and damages. Encroaching fence: civil trespass action and order to remove. Non-finished-side-out fence: zoning violation $100-$500 plus order to flip.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
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