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who is responsible for cutting overhanging tree branches in illinois

Again, these laws can differ in each state, so be sure to look up the exact law in your area. Duty and discretionary power of the highway authority In general, where tree branches or roots encroach onto neighbouring land, the owner of the neighbouring land has the right to cut back the encroaching branches to the boundary. Under the guidelines of the Illinois State Code Section 2, residents are not allowed to trim or cut another resident's tree without first obtaining the legal right to do so. If it’s not protected, or you have a permit, you can cut back any leaves, branches or roots overhanging the boundary line. If the entire trunk is in the other yard, the neighbor owns the tree. Find an Illinois real estate attorney near you and take the first step toward resolving your dispute. No matter which side of the fence you're on, it's worth knowing where you stand legally. Can I cut it down, or at least trim the branches? If one does come up, and a discussion with the neighbor follows, and no action is taken, that neighbor can be held liable for any future damage. This will only be necessary if the trees are blocking the road or causing obstruction. Storm damage of a neighbor’s tree resulted in my property damage. The problem is that the branches are coming over onto my mothers property, blocking light and signal, also allowing rats to climb into the attic. If an agreement can't be reached through discussion, you can get help from an experienced real estate attorney. 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. Google Chrome, Cities with fence ordinances include: Get Legal Assistance with Your Property Line Issue. If your neighbour’s tree is causing you problems and you have not been able to come to an agreement by talking to your neighbour, you can give them a notice to remove the problem branches, using a Form 3 - Notice for removal of particular overhanging branches. However, fences are commonplace in most urban areas and, unfortunately, so are disputes over fences and property lines. This chart provides a summary of key Illinois laws relevant to property line and fence disputes. The common law allows that land-owner the right to cut back the trespassing branches. Even though the tree trunk is on your neighbor’s property, anything from the tree that falls onto your property is your responsibility. Who is responsible for the tree? If a majority of the tree is overhanging their property and the council says it’s okay to remove the tree, then there is a good chance the disputes council with side with them. If tree owners ensure their trees are safe with regular inspections and maintenance, uncomfortable issues are less likely to arise. When you can't talk through your differences, it's helpful to understand your rights under Illinois property line and fence laws. Visit our professional site », Created by FindLaw's team of legal writers and editors Both sides often feel like they have a right to modify their property to suit their own personal needs. 1. If one party refuses to cooperate, the other party can do any of the following: Trees and shrubs can add value to your home, but they can also cause problems between neighbors. You can even get the municipality or utility company involved in certain situations. Laws on Overhanging Tree Branches. Copyright © 2020, Thomson Reuters. The responsibility of trimming trees near power lines is a serious one for utilities because the failure to keep trees and tree limbs away from power lines could result in injury or death due to electric shock or electrocution. 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. In counties under township organization, the board of trustees will serve as fence viewers in their respective towns. If leaves, acorns, twigs or other debris from a neighbor’s tree falls onto your property, you are responsible for cleaning this debris up. The email address cannot be subscribed. Is the neighbor responsible? 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. Homeowners can refuse this, but the authorities are within their power to remove the trees without consent. The poor management of greenery can lead to disputes and hostile interactions between neighbours. Consequently, when a fence needs repair, both property owners must share the cost. If the neighbor regularly maintained the tree and the damage could not have been avoided, then it’s most likely ruled an Act of God. You can, however, trim branches that hang over your yard. Branches of the neighbor’s tree hang in my yard. How you handle a problematic tree depends on where it's located. Are you a legal professional? If the entire trunk is in the other yard, the neighbor owns the tree. 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. Situation 1. Leaves from the neighbor’s tree consistently clog my gutters and fill my yard. If that fails you are almost certainly within your rights to clip it or snip it. If any limbs extend over the property line, they fall into that neighbor’s jurisdiction. For example, in counties with less than one million residents and not within the corporate limits of any city in such county, when one land owner wants to fence their property, each owner of adjoining land must pay for and maintain the fence even when they do not want the fence installed. Who iss responsible for an overhanging tree? If the tree is on private land then the landowner is responsible. Overhanging Branches. Learn how, when, and how much to trim or prune your trees to maximize their health and beauty. And since you share ownership, you can’t cut it down without your neighbor’s permission. No claim needs to be made to the tree owner in these cases. Although there is not a state spite fence law, such cases can be addressed under nuisance law principles. Disputes with neighbors can be difficult to resolve. Situation 2. Who is responsible for the tree? 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. A legal fence is defined as one that will sufficiently contain livestock on the land. 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? Power to remove them back to the dividing line or border FindLaw 's team legal!, both property owners must share the cost trim or prune your trees to their! Are less likely to arise to sidewalks and nearby structures of them overhang your.. Created by FindLaw 's team of legal writers and editors | Last updated December 01, 2017 personal.! Have a right to modify their property to suit their own personal needs take first. 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