Is this my fence???
I currently own a Brownstone in BK that is attached on both sides. The curious thing is that my neighbors to the left and my neighbors to the right both claim that the fence that separates our backyards belong to me. Is there any easy rule of thumb for this (ie. the fence to the…
I currently own a Brownstone in BK that is attached on both sides. The curious thing is that my neighbors to the left and my neighbors to the right both claim that the fence that separates our backyards belong to me. Is there any easy rule of thumb for this (ie. the fence to the right/left is always your responsibility?) If not, is there a painless way to figure out which fence belongs to me? Both fences need to be fixed up and I don’t want to get duped into fixing both or the wrong one.
Thanks everyone
If both fences appear to be the same then I would say they are yours. obviously your neighbors would not by chance erect the same fencing.
Park_Place, how does your post relate to Vinca’s post above? From that post it seems that if the bldgs are adjoined, then the costs have to be split 50-50.
Thank you
How long ago did you buy the place- you probably had a survey done by your mortgaging bank or lawyer before you closed-
My survey makes it very clear which fences are mine and which are not-
Also- before you start arguing with the neighbors- ask them if they have the survey that show which side of the lot line the fence is on-
If it turns out it straddles it- then you all have to worry about fixing it. If it’s on your side, you need to make sure it’s not in danger of falling down and that it meets code for height and material. Any other aesthetic concerns are not really ‘major problems’. Then again, if you’re getting complaints from both sides, you might have an interest in smoothing out the neighbor relations.
🙂 Boerum_Hill, that is exactly my concern. I’m sure the fences will no longer be a “major problem” now that I’m not the only one that has to foot the bill.
Telling your neighbors that they are liable for half the cost is one thing. Actually getting money from them will be another.
A survey would be something you get independently at a cost of about $1,000 or so…can’t remember.
Thank you vinca. Now I’ll have to break this to my neighbors that they’ll have to both pay half to fix the fences…this won’t be fun 🙂
Thanks all
http://www.nyc.gov/html/dob/downloads/bldgs_code/bc26s3.pdf
§[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.
See also: http://www.nyc.gov/html/dob/downloads/pdf/retaining_walls.pdf
And “fence†at: http://www.nyc.gov/html/dob/html/violations/bh3-27-147.shtml
Thanks dibs…where can I obtain a survey, from the dob?