If my neighbor wants to put up a new fence between our properties, do I legally have to allow this new fence on my property line?

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If my neighbor wants to put up a new fence between our properties, do I legally have to allow this new fence on my property line?

She asked me to share the cost of taking down the old one. I am happy with the old fence and can not spare the money now. She had her whole yard paved and an in ground pool put in. Her work man put her pavers right against the property line which did not leave room for fence posts or a fence without coming on my property line. Do I lhave to allow this fence on my property line, whether it is some what on my property or all on my property? And is there a law stating how far my deck and pool has to be from the fence?

Asked on June 17, 2015 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) You do not need to allow any part of the fence on your property--it is *your* property, after all. The fence (and its posts, etc.) can go exactly up to your line, but can't go over. You can be "unreasonable" about this if you like and refuse to allow or dicuss the matter no matter what.

2) Any laws about have far back a deck and pool have to be from the fence would be part of your local bulding or zoning code--contact the building or housing department in your town or city hall for information.


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