Reply
 
LinkBack Thread Tools Search this Thread Display Modes
  #31   Report Post  
Old 21-06-2003, 07:08 PM
Chris
 
Posts: n/a
Default Tree-Cutting Crisis with my neighbor

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








  #32   Report Post  
Old 26-06-2003, 04:08 AM
 
Posts: n/a
Default Tree-Cutting Crisis with my neighbor

In misc.legal TheKeith wrote:
snip
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.


Nolo press has an excellent book on Neighbor law. You should be able to
find it in your local library. http://www.nolo.com It covers your topic
pretty well. I don't have a copy on hand or I'd tell you what it says.




  #33   Report Post  
Old 26-06-2003, 06:09 AM
Stephen M. Henning
 
Posts: n/a
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.

--
Pardon my spam deterrent; send email to
Cheers, Steve Henning in Reading, PA USA
http://www.users.fast.net/~shenning
Reply
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules

Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Advice for Neighbor's Tree Ruining Our Lives J.R. Freedman Lawns 14 26-05-2008 05:14 PM
cutting back on cutting back Cereoid-UR12- Gardening 0 23-09-2003 12:04 AM
Tree-Cutting Crisis with my neighbor TheKeith Gardening 51 26-06-2003 06:08 AM
PICS OF: Tree-Cutting Crisis with my neighbor TheKeith Lawns 18 25-06-2003 12:32 AM
PICS OF: Tree-Cutting Crisis with my neighbor TheKeith Gardening 21 25-06-2003 12:32 AM


All times are GMT +1. The time now is 07:41 AM.

Powered by vBulletin® Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright ©2004-2024 GardenBanter.co.uk.
The comments are property of their posters.
 

About Us

"It's about Gardening"

 

Copyright © 2017