In article ,
Chet Hayes wrote:
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.


At one house I owned, we simply made the tree part of the fence. Admittedly,
this was not a "privacy" fence -- it was a three-rail wood fence with a wire
backing to keep the dogs in. We just put a post on either side of the tree
and hooked the wire to the trunk. But even with a privacy fence, if the
trunk is solid and the tree tall, there's no reason one can't simply build
on either side and make some sort of attachment.

billo