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New York Demand on Adjoining Landowner to Repair Portion of Damaged Partition Fence

Category:
Real Estate - Boundary Lines
State:
Multi-State
Control #:
US-01134BG
Format:
Word; 
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Description

A partition fence is one erected on the boundary line between two adjoining landowners, where there is no road, alley, or such between them. As a general rule, a partition fence built on a boundary line is owned by the adjoining landowners as tenants in common. A landowner has no duty at common law to construct or maintain a fence except with regard to grazing animals. Generally the duty to construct or maintain a partition fence is established by contract, covenant, agreement, or statute.


This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A spite fence is a fence (whether a division fence or otherwise) built maliciously, with the sole purpose or intent of annoying, injuring, or spiting an adjoining owner (commonly a neighbor). For example, a spite fence might block the neighbor's view or obstruct the passage and enjoyment of light or air.

A spite fence is a fence (whether a division fence or otherwise) built maliciously, with the sole purpose or intent of annoying, injuring, or spiting an adjoining owner (commonly a neighbor). For example, a spite fence might block the neighbor's view or obstruct the passage and enjoyment of light or air.

Adjoining landowners are those persons, such as next-door neighbors, who own land that share common boundaries and thus have mutual rights, duties, and liabilities.

Adjoining land means land which is not separated by intervening property owned by someone else. Land which is separated by roads, rivers, streams, etc., is considered to be adjoining.

Adjacent neighbors means the people' owning properties with a common lot line to the property in question, including both sides and rear. "Facing neighbors" means the three properties located most directly across the street from the property in question.

What is adjoining property? What is adjoining? The term characterizes the position of objects relative to each other, and means that they are in direct contact, as in attached or contiguous. In real estate, it refers to properties sharing a border (land), or touching (buildings).

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