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Old 21-06-2003, 04:20 AM
Chris
 
Posts: n/a
Default Tree-Cutting Crisis with my neighbor

http://www.nyc.gov/html/dob/pdf/consbroch.pdf here is another. With a
little research you should be able to find setbacks and if a permit is
required but from what I read I think a permit is a strong possibility.
"Chris" wrote in message
...
http://www.nyc.gov/html/dob/html/brochure3.html take a look this might

point
you in the right direction.

"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