Who Owns the Fence? A Guide for New York Neighbors

The saying goes, "Good fences make good neighbors" but who owns that fence between two houses in New York State?

In New York State, determining who owns a fence between two houses can depend on several factors, like the fence's location and any agreements between neighbors. If the fence is entirely on one person’s property, that homeowner usually owns it and is responsible for maintaining it.

But if the fence is on the property line, it’s often considered jointly owned. That means both neighbors share responsibility for its upkeep unless a specific document, like a deed or survey, says otherwise.

When someone decides to install a fence, things can get a bit clearer. If the fence is built entirely on one side, it’s typically the responsibility of the person who put it there. On the other hand, if it’s right on the property line, it’s usually shared, unless one neighbor explicitly takes responsibility for it.

However, there’s no specific law in New York that requires neighbors to share the cost of installing or maintaining a fence. Courts generally expect neighbors to cooperate and come to an agreement on shared features.

If disagreements arise, property deeds or surveys can help clarify the situation. And when that’s not enough, mediation or legal action might be the next step. It’s also worth checking local ordinances because towns and cities sometimes have their own rules about fences, like height limits or permit requirements.

If you’re unsure, a friendly chat with your neighbor or checking local regulations can go a long way toward avoiding conflicts.