Right of Way
It sounds like the tree could be in the right of way/easement zone of your property border? I believe ours is 7.5 for hard scape structures and 3 for landscape. What a shame if the tree had to be removed so you could place something else in your yard.
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.. though we cannot, while we feel deeply, reason shrewdly, yet I doubt if, except when we feel deeply, we can ever comprehend fully."—Ruskin
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