In New York City, the person who wants the fence normally pays for it, unless the neighbors agree to share. We know of no state or city law that makes neighbors here split the cost of a residential boundary fence. New York's division fence rule is in the Town Law (section 300), which is written for towns and their fence viewers, not for the city.
This page is general information, not legal advice. For a dispute, talk to a lawyer.
Does my neighbor have to pay for half of a new fence?
Not unless they agreed to. Without an agreement, your neighbor does not have to pay for half, and you do not have to pay for half of theirs. If you want to share, put it in writing before work starts: where the fence goes, what it is made of, the price and each share.
Who owns the fence between two properties?
The fence belongs to whoever owns the land it stands on. If it sits exactly on the line and both owners built or kept it up, treat it as shared and make decisions together. When it is unclear who owns the fence, a licensed land surveyor can mark the line and show which side the posts are on.
Can my neighbor put up a fence without asking me?
Yes, on their own property and within the city's height limits. A neighbor may build without asking me, in other words, but may not put any part of the fence on my land or bill me for it afterward. A fence over 10 feet that was put up to shut out a neighbor's light or air can be declared a private nuisance by a court under Real Property Actions and Proceedings Law section 843.
A survey shows the fence is on the wrong side of the line. Now what?
Talk to the neighbor before anything else. The two usual outcomes are moving the fence to the surveyed line or signing a written agreement that lets it stay. A fence that has stood off the line for many years can raise questions about rights to the strip, and those are for a real estate lawyer. Once the survey shows the fence should move, we can take it down and reset it on the line.
The contractor built my new fence over the property line. Who fixes it?
The contractor should, when they picked the location or ignored the survey stakes. Write to them and ask for the fence to be moved at no charge. Your position is weaker if you told them where to put it, so have the estimate state who marked the line. For a licensed contractor who refuses, you can file a complaint with the NYC Department of Consumer and Worker Protection by calling 311.
My neighbor and I agreed to split a new fence. How does the billing work?
Put the deal on paper first: location, material, height, total price and who pays what. We can write the estimate so the shared run is separate from the rest and each owner's share is shown. One owner should sign the contract, or both should sign the same one, so it is clear who the customer is.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
Yes. A fence that stands entirely on your property needs no signature from next door. Have the line confirmed first. If you would like the owner to share the cost, the city's property records list a mailing address for every lot, and a letter there is the place to start. They are free to say no.
The old fence on our side is rotted and the neighbor will not pay. Can I take it down and rebuild?
If the fence is on your land, yes, it is yours to remove and replace at your own cost. If you are not sure whose it is, find out before you touch it, and tell the neighbor in writing what you plan to do. Taking down a fence that turns out to belong next door creates a bigger problem than the rot.
My neighbor's tree roots are lifting our fence. Who handles that?
A certified arborist should look at the roots and a fence contractor at the fence. Cutting major roots without advice can kill or weaken the tree, and then the argument is about the tree. Often the simplest fix is to move a post or lengthen one bay so the fence bridges the root. Street trees belong to the city, so call 311 about those.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
Yes, within limits. Heavier posts, a bottom rail or a tension wire will make the fence stiffer. Chain link is still not built to hold back a pile, so it will go on bending while the load is there. Ask the owner in writing to move the material, and call 311 if the business is using your fence as a wall.
We have to see the yard to give you a real number. The estimate is free and comes in writing. Call (718) 550-3411 or text us a photo of the fence line.