New York Statewide Rule
New York Division Fence Law: Sharing a Boundary Fence
Key Facts
- Governing statute
- N.Y. Town Law § 300
- Applies when
- Land kept for animals
- Cost split
- Just and equitable portion each
- Dispute resolver
- Town fence viewers (§ 304)
- Opt-out
- Neighbors may agree otherwise
Summary
New York's Town Law § 300 makes adjoining landowners split the cost of a division fence along their shared boundary, but only when the land is actually used to keep animals. Town-appointed fence viewers settle who pays which portion when neighbors disagree.
Each owner of two adjoining tracts of land, except when they otherwise agree, shall make and maintain a just and equitable portion of the division fence between such lands, unless both of said adjoining owners shall agree to let their said lands lie open, along the division line, to the use of all animals which may be lawfully upon the lands of either...
Full Breakdown
Under Town Law § 300, each owner of two adjoining tracts must build and maintain a "just and equitable portion" of the division fence between the properties. The catch is that the obligation only binds a neighbor who keeps animals on the land within five years of the fence being erected or repaired; a purely residential neighbor with no livestock owes nothing. When neighbors disagree, town fence viewers under § 304 inspect the line and fix each owner's share, and a neighbor who ignores a repair order can be charged by the one who does the work under § 305. Neighbors remain free to agree otherwise.
Violations & Penalties
Ignore a fence viewers' order to repair your portion and the other owner may make the repair and recover the cost from you under Town Law § 305, plus fence viewer fees.
Frequently Asked Questions
Must my neighbor pay for half our boundary fence?
Who decides each owner's share of a division fence?
Does this cover ordinary residential privacy fences?
Sources
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