New York State Fence Laws
If you want to build a fence under six feet you will not need a permit, and your neighbor will only be legally responsible if they keep animals on their property.
Written by David Ghanizadeh-Khoob
Reviewed by Melanie Reiff
A lot of the regulations around division fences in New York are at the municipal and neighborhood level. At the state level, any relevant party is responsible for paying an equal portion of the fence if they both legally keep animals on their property within five years of the fence’s construction.
Although many New Yorkers do not have to worry about building a fence around their property, for those that do, it’s important to know how to do so legally, and to understand who is responsible for the fence.
It’s not a simple process as most regulations will differ from town to town, and sometimes even neighborhood to neighborhood.
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What are New York’s laws around fences?
Many of the most pertinent fence laws in New York are actually governed at the municipal or neighborhood level.
There are some statutes around division fences at the state level, though. Most of these laws are written more for rural residents with properties that contain animals but still apply to more urban properties.
Owners of adjoining properties are required to have fences unless there is an agreement between the adjoining property owners. If a fence is built, both sides of the property must contribute a fair portion unless one party does not keep any animals on their side.
If one party wants to build a fence, the other party is responsible to pay 20% of the fair portion for each year that they keep animals on their property, up to five years after construction.
If a fence gets damaged, then the responsible parties have to repair the damages within 10 days of receiving a request. If a fence remains in disrepair for any period of time, the owner of the fence will be liable for any injuries that incur as a result, or any damages to other property caused by their animals.
Any disputes around fences in New York are resolved by two “fence viewers”. One will be selected by each party unless one person doesn’t select a viewer within eight days of receiving a request.
Key Takeaway If both parties keep animals on their land within five years of construction, there must be a fence, and both must contribute to the related costs. Check local regulations to get a full understanding of what is required for your home.
Spite Fences
Spite fences are defined as any fence taller than 10 feet built with the intent to exclude their neighbor from the enjoyment of light or air.
Spite fences are illegal in New York, but if you want to sue your neighbor for building a spite fence, you will need to prove that their intentions were malicious, which can be a difficult task.
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Does New York law require fences?
New York law requires fences if you plan to keep animals on your property and if you have not made an agreement with your neighbor to keep the land open.
New York also requires fences around any pools. Here’s a brief summary of fence laws around pools in New York:
- Pool fences must be at least 4 feet high
- They must have self-closing and positive latching doors or gates
- The knob or handle to the latch must be at least 40 inches above the ground
- The access to the pool must be locked when the pool is unsupervised
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How to legally build a fence in New York
Your town or neighborhood likely has regulations around building division fences that you need to know before building your fence. These local requirements will affect the quality of your fence and who is responsible for the fence.
The first step to building a fence legally in New York is to inform your neighbors that you are going to build a fence. If your neighbor does not keep any animals in their yard within five years of its construction, they are not responsible for contributing to the fence. However, even if they are not legally responsible for the fence, they should be notified in writing of its construction.
The next step is to have your property lines assessed and confirmed by a surveyor so that you know where the fence should be.
If you plan to build a fence taller than six feet (or four feet for front yard fences), you will need to apply for a permit. Otherwise, you’ll only need to make sure that your fence complies with your local construction requirements.
If your fence doesn’t meet your local standards, then you could forfeit any right to claims that protect your property from damages from any animal that enters.
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Does homeowners insurance cover fences?
Fences are typically covered under homeowners insurance under “other structures”.
Fences are only covered by perils listed in your policy. This typically means that damage from things like floods or earthquakes is not covered without purchasing separate insurance or adding an endorsement.
Coverage for structures other than the main dwelling is capped at a certain percentage of the policy’s total coverage, commonly 10%.
MORE: The 16 perils of home insurance
How to save money on homeowners insurance in New York
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FAQs
Do I need a permit to build a fence in New York?
Only if you want to build a fence taller than six feet, or taller than four feet in a front yard.
Can my neighbor make me pay for a fence in New York?
If your neighbor wants to build a fence, then you will be required to pay for a fair portion of the fence only if you keep animals on your property
Can I build an 8-foot fence in New York?
Yes, but you will need a permit.
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