N.Y. TWN Law § 308
This is the official text of N.Y. TWN Law § 308, part of New York’s TWN Law — part of the compiled statutory law of New York, published by the state as "TWN Law." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Damages for omitting to build fence
Official statutory text
§ 308. Damages for omitting to build fence. If any person liable to\ncontribute to the erection or repair of a division fence shall neglect\nor refuse to make and maintain his proportion of such fence, or shall\npermit the same to be put out of repair, he shall not be allowed to have\nand maintain any action for damages incurred by beast coming thereon\nfrom adjoining lands, where such beasts are lawfully kept, by reason of\nsuch defective fence, but shall be liable to pay to the party injured\nall damages that shall accrue to his lands, and the crops, fruit trees\nand shrubbery thereon, and fixtures connected with the land, to be\nascertained and appraised by any two fence viewers of the town, and to\nbe recovered, with costs; which appraisement shall be reduced to writing\nand signed by the fence viewers making the same, but shall be only prima\nfacie evidence of the amount of such damages.\n
Status: in_force · Read it on the official government site
Need a lawyer in New York?
Find a New York lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.