I think you better recheck the law on air rights because I doubt it's
in your favor. Every state I've heard of gives owners the right to
cut branchs which overhang into the air space above their property.
That's the law here in NJ and I'd be willing to bet it's the same in
NY.

If it's only a few inchs of tree trunk thats in the way, the
reasonable solution is for them to just put the fence a few inchs away
from the property line. If it's more than that, I don't see how
you're going to save the tree.

It would also be a good idea to check local ordinances on fence size,
location, any necessary permits, etc.





"TheKeith" wrote in message ...
I live in Brooklyn, NY and in the backyard is a 30-yr old maple tree that my
parents planted before I was even born. The tree was planted about 2 feet
away from the fence and now, 30 yrs later, is a bit of a monster--part of
the trunk is on my neighbors side. They are currently putting up a big fence
and have already managed to convince my parents to let them cut a chunk away
from the very bottom of the trunk (my parents consulted a tree surgeon first
of course, and he said it was ok)--now the neighbors are saying that they
need to cut what appears to be a major root (almost looks like part of the
trunk itself)--the tree surgeon is coming over again tomorrow, but I'm
fairly certain that this is a vital component to the survival of the tree.
My grandfather was a real estate attorney and some years before he died
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.

Keith
kegepet
at
nyc dot
rr dot
com