Section 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.