Legal Question in Real Estate Law in New York

I don't understand how someone can not follow the zoning laws and put a fince on what they say is the property line without written pormision from the other land owner and then file for a special permit to leave the fince when the other owner does not want the fince on the property line. How is this legal? can you please advise on what can legally be done to get the fince removed.

Thank you,

Nicole Badgley


Asked on 8/31/10, 10:19 am

1 Answer from Attorneys
Carol Ryder Law Office of Carol Ryder PC

Zoning laws are very area-specific. On Long Island, I would go to my town hall (Smithtown) and look in the zoning book. Out here, we don't need permission from the adjoining owner as long as the fence is on our side of the line. I did this myself, after buying a house where the owners and neighbor were here 20 years w/o a fence. I am an animal rescuer with 4 dogs of my own but we are quiet, no kids, fixed up the place really nicely and they appreciate that. Plus, the saying, a fence is the best neighbor. However, I used a fence type that is unobtrusive (split rail with chicken wire). IF, according to our zoning rules, I used a two-sided fence (such as a stockade fence), the nice side would have to face the neighbors. If people oppose Z laws, we file with the Z board, maybe go to a meeting, etc.

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Answered on 9/05/10, 10:50 am


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