N.Y. Town Law Section 305
Neglect to make or repair division fence

If any person who is liable to contribute to the erection or repair of a division fence shall neglect or refuse to make and maintain his proportion of such fence, or shall permit the same to be out of repair, he shall be liable to pay the party injured all such damages as shall accrue thereby, to be ascertained and appraised by any two fence viewers of the town, and to be recovered with costs. The appraisement shall be reduced to writing, and signed by the fence viewers making it. If such neglect or refusal shall be continued for the period of one month after request in writing to make or repair the fence, the party injured may make or repair the same, at the expense of the party so neglecting or refusing, to be recovered from him with costs.

Source: Section 305 — Neglect to make or repair division fence, https://www.nysenate.gov/legislation/laws/TWN/305 (updated Sep. 22, 2014; accessed Nov. 29, 2025).

300
Apportionment of division fence 301
Lands lying open 302
Division fence on change of title 303
Settlement of disputes 304
Powers of fence viewers 305
Neglect to make or repair division fence 306
Fence destroyed by accident 307
Damages for insufficient fence 308
Damages for omitting to build fence 309
Use of barbed or other wire for division fence 310
Lien upon strays 311
Notice of lien to town clerk 312
Impounding strays 313
Notice of strays to owner 314
Charges for notice of strays 315
Fees of fence viewers as to strays 316
Foreclosure of lien upon strays 317
Notice of sale of strays by fence viewers 318
Proceeds of sale of strays 319
Notice to owner of strays of fence viewers’ meeting 320
Duties of fence viewers as to strays 321
Foreclosure of lien upon strays by action 322
Surplus money upon sale of strays 323
Damages from other personal property 324
Penalty of conversion of floating lumber 325
Application of article 326
Erection and discontinuance of pounds 327
Pound-master’s fees

Verified:
Nov. 29, 2025

Last modified:
Sep. 22, 2014

§ 305. Neglect to make or repair division fence's source at nysenate.gov

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Location: https://newyork.public.law/laws/n.y._town_law_section_305

Original Source: Section 305 — Neglect to make or repair division fence, https://www.nysenate.gov/legislation/laws/TWN/305 (last accessed Nov. 29, 2025).