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Old 18-06-2003, 01:20 AM
TheKeith
 
Posts: n/a
Default Tree-Cutting Crisis with my neighbor

"Bill Spohn" wrote in message
...
looked up some law regarding trees and discovered something called "air
rights" or something like that, which basically provided that the

branches
of a tree, as long as it doesn't physically touch a neighbors property

may
not be cut by that neighbor even if it is "over" their property. I was
wondering if there are any comparable laws regarding the tree trunk

itself
and its major roots, which obviously run well under my neighbors

property?
Help would be greatly appreciated -- thanks.


Basically, although laws will vary, anything that encroaches on their

property,
whether on, under, or above the ground, can be removed by them (but must

be
given back to you, or else they may be guilty of the tort of conversion).

Too bad for the tree. Try to talk them into letting it live.


I was afraid of that. You mentioned that laws may vary--is that per state?
You sound like an attorney--I'm curious which state you practice in and
whether you think I should contact a lawyer in ny or not to even bother?