New York Town Law Section 302 - Division fence on change of title.

302. Division fence on change of title. Whenever a subdivision or new apportionment of any division fence shall become necessary by reason of transfer of the title of either of the adjoining owners, to the whole or any portion of the adjoining lands, by conveyance, devise or descent, such subdivision or new apportionment shall thereupon be made by the adjoining owners affected thereby; and either adjoining owner shall refund to the other a just proportion of the value at the time of such transfer of title of any division fence that shall theretofore have been made and maintained by such other adjoining owner, or the person from whom he derived his title, or he shall build his proportion of such division fence. The value of any fence, and the proportion thereof to be paid by any person, and the proportion to be built by him, shall be determined by any two of the fence viewers of the town, in case of disagreement.


Last modified: February 3, 2019