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Old 26-06-2003, 06:09 AM
Stephen M. Henning
 
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Default Tree-Cutting Crisis with my neighbor

TheKeith wrote:

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.


In most states you own your property including the overhead space and
can remove any part of neighbor's plants that intrude on your property.
If that weren't the case, the such building as the empire state building
could be prevented from being built by moving some humungus tree on an
adjoining property. The flip side is that it is the neighbor's
responsibility to take care of any plant that extends over his property.

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