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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
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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
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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 |
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