Finally, you can be held liable for damage caused by your trees, even if they are completely on your property. This requires you to take reasonable steps to prevent your tree from falling on its roof. Also, you don`t have to pay for pruning or pruning a tree hanging over the neighbor`s property unless it`s considered dangerous and dangerous. This table provides a summary of the main Illinois laws applicable to property line and fence disputes. We are curious to see if there are ordinances that allow city officials to force a homeowner to remove a tree from private property that is potentially dangerous to another private property (i.e. neighbor vs. neighbor). We have a regulation that allows us to force the removal of a tree from private property if it threatens public property (sidewalk, street), but that is different. Illinois law allows a homeowner to cut branches from a neighbor`s tree if the branches exceed the legal property line.
This assumes that they take reasonable precautions when removing branches and do not enter into the pruning process. It is recommended that the neighbor who wants to prune the tree first inform the owner of the tree to avoid escalating the conflict. Preventing the problem in the first place may be the best solution for everyone involved. You should talk to your neighbors before planting trees or anything else near your property line. If your neighbor has done something with their property that could potentially cause problems in the future, you should first try discussing the situation with them. Property line: If the tree is on the property line, you own it equally, which means that one neighbor cannot unilaterally delete the tree without the permission of the other. Also, a neighbor cannot legally cut or damage the root system on their property without your permission. Otherwise, it`s okay to eliminate “encroachments” on your property. You own the airspace above your soil, up to an uncertain limit. Therefore, cutting overhanging branches is certainly good. This also applies if the trunk is completely in your neighbor`s garden.
If the tree in question is located directly on the property line and none of the current owners are responsible for the original planting of the tree, it is considered community property. You don`t have the right to cut it without your neighbor`s permission, and he can`t cut it without yours either. However, if the branches of the tree hang over your side of the property line and may pose a danger, you do not need permission to remove the branches. In this case, it didn`t matter that most of an 80-foot elm tree is in a yard. It didn`t matter, 15 inches high was the trunk all the way in that other yard. The 5 inches of trunk crossing the border at ground level was enough to give that side a veto over the other owner who wanted the tree to leave. Not cutting these overhanging branches may be partly to blame if they cause you harm. An old case in Illinois stated that it was a universal truth “that trees growing on a dividing line are the common property of adjacent landowners.” Subsequent cases specified that neighbouring owners owned such trees as “roommates”. It is a kind of shared property, with a shared tenancy and a rental as a whole. In Illinois, when the tree grows on your property, it is yours.
They have trunk, roots and branches. If you want to take it away, that is your right. If you want to keep it, that`s your right. If dead branches fall from the tree onto the neighbor`s property, you don`t have to remove and remove them (but it could be the neighbor`s thing), just like you don`t have to rake your tree`s leaves that fall on someone else`s property! Honestly, both situations are part of life in a community. (740 ILCS 185/1) (chap. 96 1/2, para. 9401), para. 1.
For the purposes of this Act, unless the context otherwise requires, the term means: (a) “timber” means a standing tree. (b) “Department” means the Ministry of Natural Resources; (c) “Director” means the Director of Natural Resources; (d) “Party” means any person, partnership, enterprise, association, business trust or corporation. (Source: P.A. 89-445, eff. 2-7-96.) What is the law if there is a tree on your property, but the branches hang over the neighbor`s property? A walk through rural Illinois will reveal many neighborhoods without fences. You may be wondering if there are laws that prohibit fencing, or maybe all the neighbors are just good friends? The answer is probably a mixture of both. However, fencing is common in most urban areas and, unfortunately, the same goes for disputes over fences and property lines. If you can`t talk about your differences, it`s helpful to understand your rights under Illinois` property line and fence laws. Thus, owning a tree together means that removal must be a common project. It is also forbidden to cut the part that crosses the property line if it damages the tree. Branches: If your neighbour doesn`t like branches hanging over their garden, they must have your permission before removing or pruning them in a way that could harm the health of the tree or change its shape (unless the tree or branches are considered dangerous and dangerous – check with your community staff, how they define trees as “dangerous and dangerous”).
Note: State laws can always change through the passage of new laws, decisions in higher courts (including federal decisions), voting initiatives, and other means. While we strive to provide the most up-to-date information available, please consult an attorney or conduct your own legal research to review the state laws you are seeking. Trespassing, with respect to the above scenarios, includes disturbing a neighbour`s enjoyment of their property, whether or not there is physical harm. Something as simple as the intrusion of a tree across your neighbor`s property line could technically be classified as an intrusion. If the unauthorized tree causes property damage, or if removing unauthorized branches costs a significant amount of money, a neighbor can sue the responsible owner. In order to obtain a court order to resolve the issue, the aggrieved party may even go so far as to sue the owner. One case suggested that caring for a neighbor`s tree “can give a party a protectable interest, even if the tree in question is not actually on a dividing line.” Trees can be an interesting feature of your property, but they can also cause legal problems for a homeowner. If the branches of your tree hang over your neighbor`s property or block a view, your neighbor can take legal action. Similarly, if you planted trees between your property and your neighbor`s property and the roots grow in your neighbor`s sewer pipes, you could be held legally liable for the damage. If you`re having trouble with your neighbor about who owns a tree or other property dispute, talk to an experienced real estate attorney who can help you sort it out.