"NewsUser" wrote in message
...
Heed the advice given below. My neighbors mistakenly assumed eight trees
were on their property. They removed them with not a word of warning to
us.
This was shortly after we moved in. Soon after that, we had a fence
installed and discovered every one of those trees had been well within our
side of the property line! These neighbors have not spoken to us for
almost
two years now - because we had the audacity to put up the fence to keep
their dogs from attacking people on our property (and to keep THEM from
cutting any more of our trees). And so it goes....

I find that it's not a good idea to speak to neighbors anyway (besides the
occasional greeting, of course)--makes it all the more difficult when you
have to get ****ed off at them.





"Chris" wrote in message
...
Can your neighbor leagally build a fence on the property line? Where I
live
the fence has to be 2 feet from the property line unless the neighbor
gives
permission to build on the line. It may be worth while to look into rite
ways and where the property line is exactly.

yeah the property line is pretty clear where we are. I never heard of any
rules about how far away from the property line a fence has to be, but I'll
look into it.



"Chris" wrote in message
...
Can your neighbor leagally build a fence on the property line? Where I
live
the fence has to be 2 feet from the property line unless the neighbor
gives
permission to build on the line. It may be worth while to look into rite
ways and where the property line is exactly.

"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

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

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

"Chris" wrote in message
...
Can your neighbor leagally build a fence on the property line? Where I
live
the fence has to be 2 feet from the property line unless the neighbor
gives
permission to build on the line. It may be worth while to look into rite
ways and where the property line is exactly.


Recently having had an argument about a fence with my neighbour, I can tell
you what happens here in Canada. It probably isn't all that different in the
States as it's a common law issue, and Canadian & American common law both
have their roots (no pun intended) in British common law. According to the
local municipal standards office, one may not install anything on a property
line without the express prior consent of the adjoining property owner. My
neighbour started installing a fence without consulting me, and I was
informed by the city that I could apply for an injunction to stop all work.
This is in spite of the fact that the fence was going on a recently surveyed
property line. I, on the other hand have planted a hedge for privacy along
the same line, and because it's well on my side of the line, the neighbour
has no right to touch it, even though I plan on growing the cedars to about
10 feet high. (which should change their sunny flower beds to nice shady
beds) Their fence, on the other hand, being right on the line, is now half
mine, and I have the right to affix anything I wish to my side. (including
Day-Glo pink plywood if I want) Property standards also advised me that if
my hedge grows through the fence, the neighbour can trim it, but that they
will be responsible for damages if they cause damage to my hedge from
improper or negligent pruning. The same applies to their maples which
overhang my yard - if I want to trim them back, I can do so, but I am liable
for damages if it's done improperly. Of course, improper or negligent
pruning becomes a matter of opinion, and becomes something contentious that
might have to be settled by a court.

On Thu, 19 Jun 2003 12:59:13 -0400, "TheKeith" wrote:

That one lawyer is not the only one I've heard this from. Also, I found
this:
http://public.findlaw.com/real_estat...4F351504F.html
I should point out that it would be absolutely impossible for that neighbor
to trim the branches of the tree that are above his side of the property
without killing the tree, since as far as the branches go, there's as much
on his side as on our side.

btw, I'm not sure what you linked me to was an actual law, but it definately
over-simplifies what are much more complicated circumstances in my case. The
"law" is not fair at all if it allows them to kill a tree because it's
partially on their property.

Anyway, the legal proceedings have begun; I'll keep everyone posted.

(You must be seeing a lot of discussion of this matter, having posted
it to 5 newsgroups.)

I just checked the original post, which refers to a "monster" tree,
with not only branches but part of the trunk now impinging on
neighboring property. It's too bad that this couldn't have been worked
out amicably before tree damaga was done, or lawyers called in. You
might have paid for a diversion in their fence to accomodate the tree,
or agreed that the tree, however sentimental its ancestry, could be
done away with, and shared the removal cost. Much cheaper than
litigation, I expect. Now you have a damaged tree AND an adversarial
relationship with your neighbor. Whatever the legal outcome, and I'd
be on your neighbor's side at this point, you will have lost.

Recently having had an argument about a fence with my neighbour, I can
tell
you what happens here in Canada. It probably isn't all that different in
the
States as it's a common law issue, and Canadian & American common law both
have their roots (no pun intended) in British common law. According to the
local municipal standards office, one may not install anything on a
property
line without the express prior consent of the adjoining property owner. My
neighbour started installing a fence without consulting me, and I was
informed by the city that I could apply for an injunction to stop all
work.
This is in spite of the fact that the fence was going on a recently
surveyed
property line. I, on the other hand have planted a hedge for privacy along
the same line, and because it's well on my side of the line, the neighbour
has no right to touch it, even though I plan on growing the cedars to
about
10 feet high. (which should change their sunny flower beds to nice shady
beds) Their fence, on the other hand, being right on the line, is now half
mine, and I have the right to affix anything I wish to my side. (including
Day-Glo pink plywood if I want) Property standards also advised me that if
my hedge grows through the fence, the neighbour can trim it, but that they
will be responsible for damages if they cause damage to my hedge from
improper or negligent pruning. The same applies to their maples which
overhang my yard - if I want to trim them back, I can do so, but I am
liable
for damages if it's done improperly. Of course, improper or negligent
pruning becomes a matter of opinion, and becomes something contentious
that
might have to be settled by a court.

you're right--from what I've gathered so far, it's pretty much the same
here. In our case, the neighbor did have our consent to put the fence up,
but unlike *our* last fence (which was taken down)--this new one is more
true to the actual property line--which is also why the tree is in jeopardy.
Of course we didn't know this new fence would have endangered the tree; I
guess we were just being naive in assuming that no one in their right-mind
would want to harm a beautiful mature tree for the sake of some ugly
synthetic fence. We also had various bushes along the fence and they are now
slightly crushed, but we're not giving them a hard time about the bushes,
seeing as how we have our hands full with the tree, and the bushes are
easily replaceable.

The day-glo plywood is a good idea , but it's like cutting off your nose
to spite your face.

TheKeith wrote:
The day-glo plywood is a good idea , but it's like cutting off your nose
to spite your face.


You could paint a nice mural on your side...

Bob

Yeah, but getting them for not having permits is really like hitting a guy
in the balls--it's a cheap shot. It is a nice little extra thing to keep in
our arsenal though, in case things don't go our way. Maybe I'll drop a
permit application in their mailbox, as a masked threat.



"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

"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

This issue comes up so often here, it seems that people get a perverse
pleasure from killing trees that are close to the property line,
encroaching on the next lot with their fence, filing adverse posession
claims, having neighbors' cars towed that are parked on the street 30
minutes too long, throwing garbage over the fence, etc.

Angry people creating a crisis so they'll have something to be ****ed
about.


sounds familiar

(You must be seeing a lot of discussion of this matter, having posted
it to 5 newsgroups.)

I just checked the original post, which refers to a "monster" tree,
with not only branches but part of the trunk now impinging on
neighboring property. It's too bad that this couldn't have been worked
out amicably before tree damaga was done, or lawyers called in. You
might have paid for a diversion in their fence to accomodate the tree,
or agreed that the tree, however sentimental its ancestry, could be
done away with, and shared the removal cost. Much cheaper than
litigation, I expect. Now you have a damaged tree AND an adversarial
relationship with your neighbor. Whatever the legal outcome, and I'd
be on your neighbor's side at this point, you will have lost.


if you knew them, you wouldn't be. BTW, we offered to pay for any
modifications to the fence--they refused.

Actually if they have not obtained permits that is tax evasion where I live.
People do not get permits so the tax people do not know the real value of
the home. Again this is also a structural matter. If the permits were not
obtained and desinges inspected the jobs may not be up to code. For instance
if faulty electrical work has been done they could burn down there house and
the neighbors.
"TheKeith" wrote in message
...
Yeah, but getting them for not having permits is really like hitting a guy
in the balls--it's a cheap shot. It is a nice little extra thing to keep
in
our arsenal though, in case things don't go our way. Maybe I'll drop a
permit application in their mailbox, as a masked threat.



"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

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

Some others have taken care of attitude here so I will not. You are writing on
a garden line so you should know or try to know a bit more about the silver
maple. If you follow the postings it is clear that you are the catalyst of the
trouble. You may still be able to save the situation. Buy the Mrs. next door a
bunch of roses and state you wish to bury the hatchet. It is a great deal
cheaper than an attorney and will save you from making a fool of yourself.

Maybe you have not passed 40 years of age. You will look back upon this fracas
with regret. Repeat, a silver maple is not a backyard tree. It is to any
gardener without a few free acres a menace in the garden. Another posting
explained that to you. Curious attitude you have regarding neighbors. Are you
sure you are not on a hill in Montana.

Something you all have forgotten...

That tree was there LONG before the neighbours moved in. If they
didn't like the tree they shouldn't have bought the house. They
definately should not assume that they can do as they please with it!

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

Some others have taken care of attitude here so I will not. You are
writing on
a garden line so you should know or try to know a bit more about the
silver
maple. If you follow the postings it is clear that you are the
catalyst of the
trouble. You may still be able to save the situation. Buy the Mrs.
next door a
bunch of roses and state you wish to bury the hatchet. It is a
great deal
cheaper than an attorney and will save you from making a fool of
yourself.

Maybe you have not passed 40 years of age. You will look back upon
this fracas
with regret. Repeat, a silver maple is not a backyard tree. It is
to any
gardener without a few free acres a menace in the garden. Another
posting
explained that to you. Curious attitude you have regarding
neighbors. Are you
sure you are not on a hill in Montana.