§ 843. Fences and structures, when private nuisance. Whenever the
owner or lessees of land shall erect or shall have erected thereon any
fence or structure in the nature of a fence which shall exceed ten feet
in height, to exclude the owner or occupant of a structure on adjoining
land from the enjoyment of light or air, the owner or occupant who shall
thereby be deprived of light or air shall be entitled to maintain an
action in the supreme court to have such fence or structure adjudged a
private nuisance. If it shall be so adjudged its continued maintenance
may be enjoined. This section shall not preclude the owner or lessee of
land from improving the same by the erection of any structure thereon in
good faith.