Here in New York, property lines matter. Especially in the suburbs, where fences don’t just define where a yard ends, but often define relationships between neighbors, too.
Every so often, a homeowner discovers that a fence, shed or landscaping from the next property is actually sitting on their land. And when that happens, it’s natural to ask: Can I take it down?
Can I remove my neighbor’s fence if it’s on my property?
While it may be frustrating to see someone else’s fence on what you believe is your property, New York law doesn’t allow you to simply tear it down. Doing so could actually open you up to legal trouble, including liability for damages or even trespass depending on the situation.
When a neighbor’s fence crosses onto your land, it’s considered an encroachment. Still, according to the New York Real Property Actions and Proceedings Law (RPAPL), small-scale encroachments, like fences, are generally treated as permissive — meaning their placement has explicit or implied permission — unless clearly proven otherwise.
In 2008, the law was clarified to say: “The existence of de minimis non‑structural encroachments including, but not limited to, fences, hedges, shrubbery, plantings, sheds and non-structural walls shall be deemed permissive and non-adverse.”
At the same time, just because your neighbor’s fence is sitting on your property, doesn’t mean your neighbor gets to claim ownership over that strip of land.
Resolving fence disputes the right way
The first step is confirming the property lines. Many homeowners assume they know where their land begins and ends, but it’s important to ensure the exact lines before attempting anything else.
This can be done by checking the property deed and plat map, which may be available at a local county or city clerk’s office. You can also review public records at the county recorder’s office, which may include maps, reports and other documents related to your property.
However, there’s a risk of those being wrong.
“This could be because property lines were adjusted at some point and some records were never updated,” according to Levy Goldenberg LLP, a Manhattan-based real estate litigation firm.
For legally sound confirmation, consider hiring a licensed land surveyor. If the survey reveals that a fence is encroaching onto your land, the next move is a conversation with your neighbor.
But if talking things out doesn’t work, then the matter becomes a legal one.
You may need to send a formal notice or consult with a real estate attorney to understand your options. If you want the fence removed and your neighbor refuses, you’ll likely need to file a claim in civil court.
A judge can determine whether the fence is truly encroaching and whether your neighbor must move it.
Of interest: Petition seeks November vote on dissolving the village of Spring Valley. Will it happen?
How New York courts consider encroachment disputes
New York courts consider a few key factors in encroachment disputes. They’ll look at how long the fence has been there, whether it was placed there intentionally or by mistake, and how far onto the property it extends. If the fence has been there for more than a decade, your neighbor could try to claim ownership of that strip of land through a legal doctrine called adverse possession.
In New York, this rule requires that the use of the land was open, obvious and without your permission for a continuous 10-year period.
Even though it might be tempting to remove the fence yourself, doing so could make matters worse.
Don’t act on your own
Without a court order, taking down the fence can lead to accusations of property damage or trespassing, and you could end up paying to replace something that wasn’t yours in the first place, even if it was on your property.
For neighbors who prefer not to go to court, many New York counties offer community mediation programs. These services bring both parties together to talk through the issue with a neutral third party.
While the idea of reclaiming your space with a pair of wire cutters or a sledgehammer might feel satisfying in the moment, the law says otherwise. Removing a fence might solve one problem, but doing it the wrong way could create several more.
This article originally appeared on Rockland/Westchester Journal News: Can I tear down my neighbor’s fence if I live in New York?