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Sorry to be the tree-hugger here, but DON"T KILL THE TREE! It serves many other functions to your lawn/property that you may not be aware of. I'd say maybe bring over the OTHER neighbors who are having a problem with it, don't be confrontational, be rational. Understand that that tree might have significance to him (great grandfather planted it, whatever). But if rational means fail, then go to the lawyers. Does this wall serve any other purpose aside from delinating property? If it doesn't contain your/ his pets or any other sort of function...I'd say just knock it down and forget about it. Or knock it down and get a wire fence.
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