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

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.

Basically, although laws will vary, anything that encroaches on their property,
whether on, under, or above the ground, can be removed by them (but must be
given back to you, or else they may be guilty of the tort of conversion).

Too bad for the tree. Try to talk them into letting it live.

On Tue, 17 Jun 2003 19:18:14 -0400, "TheKeith" wrote:

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

"Bill Spohn" wrote in message
...
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.

Basically, although laws will vary, anything that encroaches on their
property,
whether on, under, or above the ground, can be removed by them (but must
be
given back to you, or else they may be guilty of the tort of conversion).

Too bad for the tree. Try to talk them into letting it live.

I was afraid of that. You mentioned that laws may vary--is that per state?
You sound like an attorney--I'm curious which state you practice in and
whether you think I should contact a lawyer in ny or not to even bother?

You sound like an attorney--I'm curious which state you practice in and
whether you think I should contact a lawyer in ny or not to even bother?

I am, and I practice in British Columbia - which is why you should get some
advice from a local lawyer.

Good luck.

In most jurisdictions your neighbor has the right to cut anything that
encroaches onto his property, to the extent of the encroachment anyway.
That's true in PA, and WV, anyway, where I practice. So he could trim it
back.
S

"Bill Spohn" wrote in message
...
You sound like an attorney--I'm curious which state you practice in and
whether you think I should contact a lawyer in ny or not to even bother?

I am, and I practice in British Columbia - which is why you should get
some
advice from a local lawyer.

Good luck.

"Bill Spohn" wrote in message
...
You sound like an attorney--I'm curious which state you practice in and
whether you think I should contact a lawyer in ny or not to even bother?

I am, and I practice in British Columbia - which is why you should get
some
advice from a local lawyer.

Good luck.

thanks a lot.

"S" wrote in message
...
In most jurisdictions your neighbor has the right to cut anything that
encroaches onto his property, to the extent of the encroachment anyway.
That's true in PA, and WV, anyway, where I practice. So he could trim it
back.
S

you can't really trim it back without badly damaging it, and probably
killing it.





"Bill Spohn" wrote in message
...
You sound like an attorney--I'm curious which state you practice in and
whether you think I should contact a lawyer in ny or not to even
bother?

I am, and I practice in British Columbia - which is why you should get
some
advice from a local lawyer.

Good luck.

TheKeith wrote:

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.

Explain the possible long-term consequences of cutting the roots vs. letting
them be. If the tree is located south to west of their house, it's very
possibly saving them hundreds of dollars in air conditioning costs. Loss
of the tree from an excessively hard root pruning could be counterproductive.

Even more so if the tree loses anchorage from a weakened root system...

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.





"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

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

"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.

I don't know the terminology, but there *are* ways a lawyer can arrange for
a neighbor to "use" part of another neighbor's property for structures, as
long as both parties agree. The agreement becomes part of some sort of
permanent record, so new owners of either property know the deal. Talk to a
local lawyer. It might be possible to slightly relocate the fence to
accomodate the tree.

On the sneakier note, I'd slip the tree expert $100 or some Yankees tickets,
in return for saying "Well...yeah...you could remove that root, but it would
make the tree MUCH more likely to fall in that direction during our next
hurricane".

:-)

Bill Oliver wrote:
Chet Hayes wrote:
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.

We did this with a big oak on my property, and also made sure that the are for the tree
was my responsiblity, that way the neighbor didn't have to pay anything. It seems a fair deal.
--
.... if I could hold her with me once again ... I would tell her that I miss her ... I
still miss Kyla ...
-till next time,
Jameson Stalanthas Yu -x- dolphins-cove.com
((remove the INVALID))

everybody brought up some interesting points--I appreciate everyone's help.
Let me update you on what has happened so far today and what we've found
out. I found a list of certified arborists on the International Society of
Arboriculture website and we had one of the guys come over. He basically
contradicted everything the first "tree surgeon" said, and said that the
damage already done is irreparable and that the tree is likely to die within
5 years--that major "scaffolding roots" had been cut and those are vital.
The guy is making a report for us and my father already contacted an
attorney, which is not a big deal since the uft (teacher's union) pays all
personal attorney fees as part of my father's retirement plan. The attorney
said that they have absolutely no right to cut the tree even if it
encroaches on their property--it's still our property and they are liable
for damages. He said that there was precedent for such circumstances and
that they are in our favor. Additionally, my father contacted the insurance
company who said they would reimburse us for any costs or damages, but that
they would then sue the neighbors themselves.

Well, I'm happy the neighbors will get their just-deserts (hopefully) but
I'm sorry it's all coming at the expense of a beautiful 30-yr old silver
maple. The last fence that was put up actually went more on my neighbors
side (old neighbor--now deceased) in order to accomodate the tree. I'll
never figure out assholes like this, who come in and destroy the integrity
of the property in order to make way for stupid fences. These very same
people tore down a nice mature evergreen on their side (planted by the very
same deceased neighbor) to make room for their ac units. It's not like we
live on a beach where trees can hurt a million dollar view--we live in
brooklyn!!! "Dr. Rev. Chuck, M.D., P.A.", in his reply, made a comment about
the tree making their ac units more efficient--in our case this is true. If
and when our tree comes down, the neighbor's ac's will be less efficient (I
hope a lot less)--since our maple shades the entire section of their
property with the condensors.

As soon as I get a hold of whatever law or precedent is in our favor, I'll
post it to my website and link you to it.

thanks again




"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

"TheKeith" wrote in message
...

"S" wrote in message
...
In most jurisdictions your neighbor has the right to cut anything that
encroaches onto his property, to the extent of the encroachment anyway.
That's true in PA, and WV, anyway, where I practice. So he could trim
it
back.
S

you can't really trim it back without badly damaging it, and probably
killing it.

Right. Ya live in Brooklyn? Shoot the bastid, and trow 'im in da East
Rivah...