who is responsible for cutting overhanging tree branches in illinois

And since you share ownership, you can’t cut it down without your neighbor’s permission. Landowners are responsible for maintaining the trees on their property. Part of the trunk is on my property, and part is on my neighbor’s. This guide covers the factors that go into tree trimming (pruning) and will help you make a more informed decision about hiring a professional tree service. We recommend using In counties under township organization, the board of trustees will serve as fence viewers in their respective towns. If an agreement can't be reached through discussion, you can get help from an experienced real estate attorney. If your neighbor doesn't remove the dangerous tree, and the tree does in fact cause damage, your neighbor can be held liable. When a tree on your property hangs over the boundary line into another yard, you have a duty to address all weak or damaged branches. The Law on High Hedges, Trees and Overhanging Branches Garden related issues can be incredibly infuriating for neighbours and cause a great deal of tension. Can I trim them without permission? Who is responsible for the tree? Branches of the neighbor’s tree hang in my yard. Anyone who engages in the work so close to a property line without the neighbor’s permission is liable for compensating the tree owner if any damage is done. There are some things to consider if you have a problem with a tree on a shared property line: However, the cut branch (es), and any fruit or flowers attached to the branch (es) remain the property of the tree owner and must be returned. When a fence is built by a property owner whose primary motivation is spiteful or malicious it is commonly referred to as a spite fence. Search, Constructed from rails, timber boards, stone, hedges, barb wire, woven wire or whatever the fence viewers of the town or precinct state is appropriate, Must be sufficient to prevent cattle, horses, sheep, hogs and other stock from getting on the adjoining lands of another, A division fence is one separating the land of 2 of more persons, Each person must make and maintain a "just portion" of the fence, A hedge fence cannot be more than 5 feet high. When a neighbors tree branch is over hanging an adjoining property line, the adjoining property owner has an absolute right to cut the branch up to the property line. In addition to the State of Illinois, your right to have a fence and its general appearance are impacted by county and city laws, utility and wildlife easements, and any applicable homeowner association rules. When it comes to overhanging tree branches in your yard, over your house, or along power lines that effect your home, you may have some say about what happens to that tree and its maintenance. A drive through rural Illinois will reveal many neighborhoods without perimeter fences. Are you a legal professional? Such structure may also be addressed as being in violation of local ordinances, zoning codes, or homeowner's association regulations. Situation 1. If the tree has a Preservation Order on it then you cannot cut/pare any branches. Situation 1. If your property backs onto a road and has a problem with overhanging trees, it’s possible the Highways Agency might ask you to remove them. 1. Google Chrome, Can I cut it down, or at least trim the branches? However, there are portions of the state's Fence Act that can impact those in residential neighborhoods. Situation 1. How you handle a problematic tree depends on where it's located. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. If, as in this case, it requires expenditure by the land-owner to do this, can a small claims court be used to seek repayment of the costs because it was a trespass, or would a full court hearing be the only way to recover these costs, if a claim of trespass, nuisance and damages was made? Roots from my tree have spread to the neighbors yard and are now causing them issues with their septic tank/structural damage/landscape/etc. You can even get the municipality or utility company involved in certain situations. Firefox, or Overhanging branches can cause conflict between neighbours and it's important to know what your rights are before you take any action or make a complaint. If the tree was already in need of pruning, and the damage could have been avoided, the neighbor can be found responsible for damages. Is the neighbor responsible? ... You’re legally entitled to cut and remove any tree branches or roots that encroach over the boundary of … No claim needs to be made to the tree owner in these cases. The neighbor has the right to cut roots and trim trees that spread over the property line. Note that some trees are protected by Tree Preservation Orders (TPO 3. | Last updated December 01, 2017. The answer is likely a mixture of both. Written notices to remove overhanging branches. Ask your neighbour to cut the parts that overhang your land. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. In the process of construction/yard work/etc., my neighbor killed a tree on my side of the property line. To remove the tree, both property owners must consent. Cities with fence ordinances include: Get Legal Assistance with Your Property Line Issue. Leaves are a natural product, and no one can control where they go. Consequently, when a fence needs repair, both property owners must share the cost. You can cut back any overhanging branch that comes into your property. The neighbours trees are well over the 2 metre threshold and there are several of them. Visit our professional site », Created by FindLaw's team of legal writers and editors Branches of a large tree hang in your yard, but the trunk is planted in your neighbor’s yard. Tip Top Arborists, Inc. has been licensed and fully insured for tree trimming, tree removal and stump grinding since 1976 in Antelope Valley, Santa Clarita Valley, Victor Valley and Tehachapi Valley. Situation 3. If the tree is on private land then the landowner is responsible. Those found in violation of this law will be required to pay the owner of the tree three times the overall worth of the tree before it was cut down. Hang in my yard entire trunk is planted in your neighbor ’ s,... To search, use enter to select, Please enter a legal Issue a. Straddles a boundary line from an experienced real estate attorney near you and take the first toward. Then you can get help from an experienced real estate attorney near and... Sides often feel like they have a right to cut it down without your neighbor ’ tree... Entire trunk is planted who is responsible for cutting overhanging tree branches in illinois your neighbor ’ s jurisdiction have the work carried,... When you ca n't talk through your differences, it 's worth knowing where stand... Under township organization, the neighbor owns the tree is on my side of the state 's fence Act drafted... Involved in certain situations 's worth knowing where you stand legally as being in violation of local,. 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