Nadel & Ciarlo, P.C.

A spite fence can lead to trouble in the city

New York City is a big place where residents often find themselves living nose-to-nose with their neighbors. As such, it's possible to enter into disputes quite easily. One of the major problems is with fencing and property lines.

Since property is extremely valuable in the city, the way you fence off your property or define define your property line can annoy your neighbors. You may also disagree over who is responsible for the upkeep a fence or anything that divides your property.

Who is responsible for maintaining the property line barrier?

Usually, it is the person who put up the fence. If neither party put it up, you may have to rely on a "fence viewer" to resolve the dispute. This is a person who will come to the property and decide to whom it belongs.

If your neighbor is particularly petty and puts up a fence that is 10-feet tall or higher, you may be able to sue. You'll be able to sue on the grounds it's a private nuisance if it can be identified as a "spite fence." The goal of these type of fences is usually to block enjoyment of light and air. In the confined areas of New York City, these type of disputes are common.

No matter what your property dispute is about, you should have a chance to resolve it fairly. Our site has information about real estate disputes and the steps you can take to resolve them so they don't continue to bother you in your daily life. A little help can make disputes disappear and bring peace back to the neighborhood.

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