N.Y. Town Law § 300: Apportionment of division fence

§ 300. Apportionment of division fence. Each owner of two adjoining

tracts of land, except when they otherwise agree, shall make and

maintain a just and equitable portion of the division fence between such

lands, unless both of said adjoining owners shall agree to let their

said lands lie open, along the division line, to the use of all animals

which may be lawfully upon the lands of either; provided, however, that

the owner of an adjoining tract of land who does not keep such animals

thereon within five years of the date of the erection or repair of a

division fence shall not be obligated or liable for erecting,

maintaining or repairing such a division fence under this article.

Unless otherwise agreed, an adjoining owner who erects or repairs a

division fence shall be entitled to recover from the owner of the other

adjoining tract, twenty percent of the proportionate cost thereof

otherwise ascribable to such other owner for each year or part thereof

in which the other adjoining tract is regularly used for keeping animals

occurring within five years of the date of such erection or repair. When

the adjoining lands shall border upon any of the navigable lakes,

streams or rivers of the state, the owners of the lands shall make and

maintain the division fence between them down to the line of low water

mark, in such lakes, streams or rivers except those lands which overflow

annually so as to be so submerged with water that no permanent fence can

be kept thereon, and known as low flat lands; and when adjoining lands

shall be bounded by a line between the banks of streams of water not

navigable, and the owners or occupants thereof cannot agree upon the

manner in which the division fence between them shall be maintained, the

fence viewers of the town shall direct upon which bank of the stream,

and where the division fence shall be located, and the portion to be

kept and maintained by each adjoining owner.