Legal Question in Real Estate Law in New York

Queens, New York. My husband and I purchased a home in Queens in 2014. At that time, the home had a 6-foot chain-link fence in place. We replaced the chain link fence with vinyl fencing, the same height. The neighbor says that our fence, "does not conform to the height as approved in the title," and, "does not conform to the declaration of easement of light and air as approved in the title for this section." The fence just replaced an old fence. He also states that we are on his property line, but the fence is in our yard and he has his yard already fenced in (chain-link fence). Does he have a valid complaint?


Asked on 5/02/16, 9:05 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Possibly. You need to check town fence ordinances which provide specifications and limitations on the fences that can be erected. The old fence may have complied or have been grandfathered if and when an ordinance was enacted. Many of these ordinances restrict height, fence composition, require a portion be open, etc. If there was a complete replacement, a permit may even have been required.I am not sure what is meant by the word "title"? Are there title (ownership) restrictions that also cover fences in your neighborhood, are you part of a homeowners association that may have restrictions, has your fence been erected in an easement area? More information is required for more than a general response.

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Answered on 5/04/16, 8:42 am


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