New York property deeds define ownership boundaries but rarely address fences directly, leaving disputes to state statutes, surveys, and local codes. Backyard fences must align with property lines to avoid encroachment claims, with shared costs possible for true division fences. Violations risk lawsuits, fines, or adverse possession after 10 years of open use.​
Division Fence Rules
Adjoining owners share “just and equitable” costs for boundary division fences under NY Town Law §300, unless they agree otherwise. Fence viewers in towns resolve disputes by apportioning shares, with recovery via small claims if one refuses.​
Fences fully on one lot belong solely to that owner; centered ones often imply joint maintenance absent deed notes.​
Boundary and Deed Issues
Deeds use surveys or metes-and-bounds for lines; pre-build surveys prevent issues, as removing encroaching fences requires court action, not self-help. Adverse possession needs 10 years hostile, open use under color of title, excluding permissive acts like neighbor mowing.​
Local Fence Regulations
NYC skips permits for one/two-family fences ≤6 feet but caps heights (4 feet front yards in R1-R5 zones). Upstate towns limit rear fences to 6 feet, require setbacks (2-4 inches), and mandate zoning checks via local codes.
SOURCES
[1](https://www.reddit.com/r/legaladvice/comments/i2awgp/buying_property_with_neighbors_fence_already_on/)
[2](https://wgna.com/who-owns-the-fence-a-guide-for-new-york-neighbors/)
[3](https://nationalaglawcenter.org/wp-content/uploads/assets/fencelaw/newyork.pdf)
[4](https://portal.311.nyc.gov/article/?kanumber=KA-02120)
[5](https://www.yahoo.com/news/articles/remove-neighbor-fence-property-york-171355296.html)
