Fences: The New York Law

Abstract

New York regulates fences by several statutes. These statutes add to, modify and, in some cases, reverse traditional common law doctrine concerning fences. At common law a landowner had the inherent right to fence land or leave it unfenced. In the absence of an agreement or force of prescription an owner of land was not bound to fence it for the purpose of preventing intrusion upon the premises by other persons. However, at common law

the owner of domestic animals such as cattle was bound to keep them off the land of another, whether or not the neighboring land was fenced.