How old is the tree? I seem to recall something about some trees being on private property being considered "heritage trees"- or words to that effect. Meaning if it gets cut down the owner can face 1000's in fines.
Plus, it is a bit of a jerkish thing to cut down a tree that is on the property line. Heck, I even asked my neighbours before planting trees that are within a couple of feet of the line.
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