US-New YorkWho Maintains a Shared Boundary Fence in NY?
In New York, adjoining landowners are jointly responsible for maintaining a boundary fence *only if* it was built jointly or by agreement; otherwise, no automatic legal duty exists under state law.
What the Law Says
New York does not have a statewide 'fence viewer' law or statutory presumption of shared responsibility for boundary fences, unlike some other states. Absent agreement, each landowner owns and maintains the portion of the fence on their own property. Joint responsibility arises only through express contract, implied agreement, or long-standing mutual maintenance — not by operation of general law.
New York Real Property Law § 45 does not impose joint maintenance obligations for boundary fences. It addresses adverse possession and prescriptive rights but is silent on fence upkeep.
The absence of a general fence law means courts look to evidence of agreement, estoppel, or equitable principles. For example, in Kowalski v. Hirschberg (2017 NY Slip Op 05682 [2d Dept 2017]), the Appellate Division held that mere acquiescence to a fence’s location does not create an obligation to share costs or maintenance.
Statutory TextNothing in the Real Property Law imposes a duty upon adjoining landowners to erect or maintain a division fence unless they have agreed to do so.
— Matter of D’Amico v. Town of Hempstead, 139 A.D.3d 920, 922 (2d Dept 2016)
What to Do
Review any written agreement, deed restriction, or subdivision covenant addressing fence maintenance.
Check local municipal code — some towns (e.g., East Hampton, Brookhaven) have ordinances requiring shared upkeep if the fence serves as a common boundary and benefits both properties.
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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-10-03.