"CpRensCoNY" wrote in message
...
Maybe this is too mild a solution for Brooklyn but there are a few things
noted
in this exchange. Two people are not angry with each other over a tree. I
have
moved ninteen times in my adult life and can attest to the fact that it is
always better to remain friendly with the adjacent neighbor. If he is
new, you
can used to him.

I find that being nice to neighbors makes it all the more likely that they
will try to take advantage of you.


Second a maple is a junk tree in city gardens. A silver maple is fast
growing
and along with Norway maples is the scourge of city backyards. They all
but
make gardening impossible under the spread of the tree. They are planted
because they grow fast and because they are usually free, seedlings being
everytwhere.

in actuality, my parents didn't even know it was a tree when they planted it
(little secret). I take issue though, with your regard for maples as "junk"
trees. It's not like one of those roadside weed trees--it's a big beautiful
tree with a big fat trunk. For my money, any tree is nicer than a fully
developed flower garden without any tree at all. Trees provide shade and
make it cooler in the summer.


Third erecting a fence with a tree in the path is not difficult. Any
fence
contractor can contrive ways to use the tree as part of the fence. This
is
suggested in an earlier post though does not seem to be a favored
solution. I
would do this instantly and no lawyers will be needed. If the current
fence
contractor cannot do the job, find another who can. Also the tree, most
maples
are guilty here, can be trimmed up high and have the branches thinned.
Both
parties would be happier.

We would be more than willing to do this, but the neighbor absolutely
refuses to modify the fence to accomodate the tree though.




Lastly, the part about whether the neighbor would need a fence is his
decision.
Fences and walls are part of property joining in all part of this world.
Only
in America and mostly in suburbs is the subject of a fence a social and
cultural issue. Some HOA's and many suburban towns have ordinances
fences.
The fence is often the structure that makes a good partnership with
neighbors.
He may be doing you a favor.

Been There