The sun., 1900-12-06
The Right TO Erect Spite Fences.

Some interest has been recently excited
In this city by conflict over what are gem
orally known as spite fences
Some eight years ago. WILLIAM II. Posr.
the owner OF a lot AT No. i2o First place.
Brooklyn, erected an apartment house on
his premises. and the owners OF the ad-
Joining lots. Nos. 1ls and lc2, objected
because the fiat was so constructed that
from the well or indentation on its side,
and from the slanting windows on the
soping walls in the rear Of the well the oc-
cupauts OF the fiat could look into the back
windows Of the private houses on either
side In order 10 protest practically against
the invasion Of their privacy, tho owners
Of the private dwellings, at Nos. lls and
l?2 planted long poles In their yards and
built thereon board fences which extended
upward ~ feet on the north side and So
feet on the south side. All this was dono
about eight years ago, and il is asserted
that the apartment house was injured by
the consequent exclusion OF light.
IL now appears hat the Corporation
Counsel refused TO take proceedings TO
compel the removal of these high fences
on the ground that the fences antedated
the existing statute. Last November,
however. the Fire Marshal Of BROOKLYN,
ALoNzo BRyMER. NJ the request of counsel
for the owner of the apartment house Mr..
Posi- served the following notice on Lorlj
DRYER. the owner of the adjoining dwell
ing house. No. 1872. who had erected one
OF the fences in question. and served
To a.
Of No. lis, the other adjoining house. who
had also erected similar fence:
The premises a. 1-c Fist rIase are considered
dangerous In causing and pr nJ,,ag hcs. 80 AID
IN thei present condition viola Ion Of the law In
that division fence i 'uaintrlnsd therein 10 the
helg,t II IS FEET whereas the same oud br but 10
feet high. Y'u will Therefore reduce the height ot
said fence 10 The eight pr, Scn5cd b. tnr Building
Code Of IA. CITY Of New York. to wit 10 feet within
Iyr days ALoNzo BRYMER"
The question arises. what is the existing
law? In 1855 the Legislature passed an
act entitled An act to revise and COM
hne in a single act all existing special
and local laws affecting public interests
In the city Of BROOKLYN" and in Title XIV.
Of this act il found the existing statutory
provision relating 10 the erection or con-
struCtion Of buildings in tho borough of
Brooklyn because the provisions Of that
title of the law Of lsss were continued In
force by section Gi7 of the Greater New
York Charter. In this Brooklyn law il
contained, in section "a the following
provision about fences: Fences Of wood
shall not be erected over 10 feet high"
In the same act. however. II j. provided
under Legal Remedies that. whenever
the Commissioner Of Buildings is salts
fed that any structure, the erection. con-
s'ructon or alteration of which is forbidden
hy tho title. has been erected. constructed
or altered in violation of any Of the pro-
visions of the title. the Commissioner may
institute any appropriat" proceeding 10 cor
rect or remove such violation.
Il. therefore, appears from an examina-
ton Of the law, that If the structure be a
fence Of wood and stands on the boundary
lin" between tie two lots. il can be
removed in an appropriate proceeding
taken by the Commissioner of buildings.
by virtue Of this express provision of the
Building law Of lSNS. II NAV well be doubted.
however, whether the Fire Marshal has
any right to interfere in tho matter, even
under the specious plea that the structure
in question i dangerous IN causing or
fire. The Fire Marshal Is au-
thorizcd by the Charter to enter into any
premises in the city for the purpose Of ex-