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....

"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.

"Chet Hayes" wrote in message
om...
The boundary tree discussion with the trunk split across the property
line seems to fit your situation. That's the first time I've seen a
reference to a tree actually spanning the line.

I also agree with most of what Ratgirl had to say. Anybody who trims
trees overhanging into their yard has to use reasonable prudence. Of
course your neighbor's defense will be that he is co-owner of the tree
and had the advice of the first tree surgeon that advised the pruning
could be safely done. That may be a good defense. The cavalier
statements they made to you, for which I hope you have witnesses, are
certainly in your favor.

I never implied the purpose of courts was to judge a situation in
terms of overall fairness. Quite the opposite, the law by allowing
people in general to trim trees hanging into their air space is a law
that is fair in it's balance and avoids having a judge decide every
issue of which tree can be pruned.

Here's a question. Has the property line been accurately surveyed so
that you know exactly where the line is? And if the tree is still
salvagable now, have you considered getting an immediate court order
to prevent them from doing anything further until it's resolved?


The neighbors should be getting a letter shortly from our attorney telling
them to stop. My father also handed them a formal letter yesterday,
explaining why the tree cannot be touched and that they would be getting a
letter shortly from our attorney.

As for the first tree expert, he wasn't a certified arborist like the second
guy and besides, the neighbors didn't actually know about the first guy.

"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

The reason I bring up the property line is that when I bought my house one
of my prerequisites was that the property lines be marked officially. My lot
is actually 6 city lots in a small town (population of 805) 250' x 405'.
Surveyors came out and found the metal stakes put in a few years previously.
Found out that the neighbors dog kennel was on my property along with there
compost pile and about a 50' x 100' section of what they were cutting and
thought was there yard. I was pretty nice about it. I went out one day and
marked the stakes with flags and cleaned up there compost pile and moved it
over about 50 feet on there side.Then I mowed the lawn including what they
had been mowing. The dog kennel remained until there son moved and took his
dog then they took it down. They mowed around it and kept the area up. I
found it is best not to **** of the neighbors it can make life terrible if
you have to live there. I would find the official property line and hope it
is in your favor and if it not cut the tree down and move on. You can buy a
tree that is 20 years old and have it planted in my part of the country for
$250.00

"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....

"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.

Most cities require a building permit to do any type of contruction
including a fence check into it. The reason is safety a privacy fence in my
part of the woods has to meet the 100mph wind requirment just like a house.
The posts are set on top of a cement column 4 feet deep 16 inches in
diameter. An alternative is to bury the post and put cement around it but
that will rot off do to cement holding moisture around the post constantly.

"TheKeith" wrote in message
news
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.

"The dog kennel remained until there son moved and took his
dog then they took it down. They mowed around it and kept the area
up."


Another factor to consider in Chris's situation is the law regarding
adverse possession. If someone encroaches on your property long
enough and certain conditions are met, it may ultimately become theirs
to keep. For that to happen, the use of your property had to be open,
(meaning it was visible and obvious) hostile (they had no permission
or legal right), and continuous for whatever period is required in the
particular state.

In the case of the dog house, compost, and mowing, the open and
hostile reqts were met. The point here is if you find someone doing
this, to protect your rights, they need to be told to stop. If you
want to allow them to continue for some period, have them sign an
agreement and consider the potential legal liability ie insurance
issues as well.






"Chris" wrote in message ...
The reason I bring up the property line is that when I bought my house one
of my prerequisites was that the property lines be marked officially. My lot
is actually 6 city lots in a small town (population of 805) 250' x 405'.
Surveyors came out and found the metal stakes put in a few years previously.
Found out that the neighbors dog kennel was on my property along with there
compost pile and about a 50' x 100' section of what they were cutting and
thought was there yard. I was pretty nice about it. I went out one day and
marked the stakes with flags and cleaned up there compost pile and moved it
over about 50 feet on there side.Then I mowed the lawn including what they
had been mowing. The dog kennel remained until there son moved and took his
dog then they took it down. They mowed around it and kept the area up. I
found it is best not to **** of the neighbors it can make life terrible if
you have to live there. I would find the official property line and hope it
is in your favor and if it not cut the tree down and move on. You can buy a
tree that is 20 years old and have it planted in my part of the country for
$250.00

"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....

"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.

I
found it is best not to **** of the neighbors it can make life terrible if
you have to live there. I would find the official property line and hope
it
is in your favor and if it not cut the tree down and move on. You can buy
a
tree that is 20 years old and have it planted in my part of the country
for
$250.00


WHAT??? You suggest I cut down the tree--that simply isn't an option,
especially if the law is on our side; even if it isn't, that tree isn't
going anywhere--it's as simple as that. Maybe you can have a 20-yr old
evergreen-type tree planted for $250 (and even that I find hard to believe),
but no one--I don't care where in the country--can have a 20 and especially
30-yr old maple tree put in for anywhere even in the same ballpark as $250,
even if you're using illegal mexicans for labor.

well they did pour cement and all that stuff for teh posts, but I'm sure
they havn't any permits. They've been making major structural changes to
their house for the last year and a half--all without permits, or if they
did have them, they didn't post them in the window which I believe they're
supposed to. This whole fence/patio thing is really the end of what is
essentially a complete butchering of the integrity of the home and
particularly the patch of garden(s) in the back which are shared by the 4
adjacent houses (property lines notwithstanding)--they are closing off their
quadrant, completely destroying it for everyone else, and our tree in the
process. I wish we had stronger community boards here in the city, like you
folks in the suburbs have.




"Chris" wrote in message
...
Most cities require a building permit to do any type of contruction
including a fence check into it. The reason is safety a privacy fence in
my
part of the woods has to meet the 100mph wind requirment just like a
house.
The posts are set on top of a cement column 4 feet deep 16 inches in
diameter. An alternative is to bury the post and put cement around it but
that will rot off do to cement holding moisture around the post
constantly.

"TheKeith" wrote in message
news
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

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