The Fence On The Line
Town Law § 300 — a just and equitable portion each, unless the neighbor keeps no animals
In New York, each owner of two adjoining tracts makes and maintains a just and equitable portion of the division fence between them, unless they agree otherwise or agree to let the land lie open.
No animals, no share. An adjoining owner who does not keep animals on the land within five years of the date a division fence is built or repaired is not liable for building, maintaining or repairing it.
Paying it back. Unless agreed otherwise, a neighbor who builds or repairs the fence may recover twenty percent of the other owner's share for each year within those five years in which the other land is regularly used for keeping animals.
Where the line actually runs is a boundary question this page does not answer. Whether a particular fence must be shared, and what either neighbor can recover, are questions for a licensed New York attorney.
Sources for this section (1)
- Town Law § 300 — Apportionment of division fence
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.