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August 7, 2008
who pays for fence?
What's the law regarding shared fences on either side of a brownstone's garden? Are we responsible for only one side, or should both sides be shared with the neighbors?
Comments
I don't think fences are shared. It's either on your property or their property. In our backyard, the right side and rear fence belong to us (wood fence). The left side fence belongs to our neighbor (pvc fence).
Posted by: cornetor at August 7, 2008 1:25 PM
I doubt there's any real law about this (other than if the fence is on your property, it's technically your fence).
When it comes to putting up fences, we shared the cost on one side with our lovely neighbor. The other neighbor wanted no part of it so we paid for it.
If it all possible, it's nice to be able to work with your neighbors so that you have a unified-looking fence around your yard.
Posted by: tinarina at August 7, 2008 1:52 PM
in general, if the fence is on the property line, it belongs to both neighbors and responsibility for the fence is shared.
if the fence is on one side of the property line or the other, it belongs to the owner of that property.
Posted by: z at August 7, 2008 2:30 PM
The property line is an important issue to address, otherwise you or your neighbor are likely to wind up discussing adverse possession. I cannot find a direct link for whether "good neighbor" ordinances (concerning the direction the fence faces) exist in NYC. However, try googling this older NY Times article, which describes the issue as it played out upstate: With Neighborliness Fading, Fences Turn Inward-by Patricia Leigh Brown, published: March 14, 1999.
Posted by: vinca at August 7, 2008 4:32 PM
http://query.nytimes.com/gst/fullpage.html?res=9C03E0DF133EF937A25750C0A96F958260
here is the link....
Posted by: smeyer418 at August 7, 2008 5:22 PM
I was hoping to find a link for a fence-related NYC "good neighbor" ordinance. Failing that, my own encouragement is to talk with your neighbors and resist brandishing the code below as a demand (unless you are anxious to engage in expensive and pointless legal conflict).
http://www.nyc.gov/html/dob/downloads/bldgs_code/bc26s3.pdf
New York City Administrative Code Section §[C26-75.0] 26-233 Maintenance and repair of protection fences and retaining walls.
Unless otherwise provided by special agreement between them, the owners of adjoining properties shall be responsible jointly for the proper maintenance and repair of partition fences and retaining walls dividing their properties; and each such owner shall be responsible for one-half of the costs of maintaining and repairing such fences and retaining walls, except that where the replacement of a partition fence removed by one owner is necessary for safety, the owner removing the fence shall replace it at his or her own cost.
Posted by: vinca at August 7, 2008 11:40 PM
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