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who is responsible for cutting overhanging tree branches in illinois

Answer. 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. Generally, if a tree trunk sits on both you and your neighbor’s property, is owned by both of you, and you are both 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. You can, however, trim branches that hang over your yard. Firefox, or Situation 3. We recommend using 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. 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. 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. Illinois state law and local ordinances place the responsibility for maintenance of a boundary fence separating two properties on the owners that use the fence. 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. 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. To remove the tree, both property owners must consent. If leaves, acorns, twigs or other debris from a neighbor’s tree falls onto your property, you are responsible for cleaning this debris up. This chart provides a summary of key Illinois laws relevant to property line and fence disputes. | Last updated December 01, 2017. Written notices to remove overhanging branches. Such structure may also be addressed as being in violation of local ordinances, zoning codes, or homeowner's association regulations. This will only be necessary if the trees are blocking the road or causing obstruction. … Am I entitled to compensation? 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. Trees roots can also cause damage to sidewalks and nearby structures. Please try again. If the entire trunk is in the other yard, the neighbor owns the tree. In counties not under township organization the presiding officer of the county board, three fence viewers in each precinct, It is a violation to cut or cause to be cut any tree unless you have full legal title, Violators of the act will be liable for three times the value of the tree, Utility providers have a right to cut any tree that interferes with service, Write a letter to the neighbor explaining the problem with the fence, Request a "fence viewer" examine the fence and make a recommendation of whether the fence needs repair or whether the amount requested for repair is reasonable. Storm damage of a neighbor’s tree resulted in my property damage. You can cut back any overhanging branch that comes into your property. Microsoft Edge. If the tree was already in need of pruning, and the damage could have been avoided, the neighbor can be found responsible for damages. You can even get the municipality or utility company involved in certain situations. 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. 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? ... You’re legally entitled to cut and remove any tree branches or roots that encroach over the boundary of … Is the neighbor responsible? Two official Fence Viewers will define the portion of the fence to be built or maintained by each. Who is responsible for the tree? No claim needs to be made to the tree owner in these cases. However, there are portions of the state's Fence Act that can impact those in residential neighborhoods. Shrubs and trees etc overhanging the Public Highway . Cities with fence ordinances include: Get Legal Assistance with Your Property Line Issue. 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. Landowners are responsible for maintaining the trees on their property. If the tree has a Preservation Order on it then you cannot cut/pare any branches. Branches of the neighbor’s tree hang in my yard. There are some things to consider if you have a problem with a tree on a shared property line: Do I need to compensate them? Ask your neighbour to cut the parts that overhang your land. 1. However, fences are commonplace in most urban areas and, unfortunately, so are disputes over fences and property lines. A drive through rural Illinois will reveal many neighborhoods without perimeter fences. Copyright © 2020, Thomson Reuters. Leaves from the neighbor’s tree consistently clog my gutters and fill my yard. 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. 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. 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. Part of the trunk is on my property, and part is on my neighbor’s. Learn how, when, and how much to trim or prune your trees to maximize their health and beauty. 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. Firstly, check with your local council, to see whether the tree is protected or subject to an environmental overlay. You both own it. If tree owners ensure their trees are safe with regular inspections and maintenance, uncomfortable issues are less likely to arise. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. As discussed in our article on nuisance, property owners have certain duties to maintain and utilize their property so that it does not constitute a nuisance for either other property owners nearby or the public. Can I trim them without permission? The common law allows that land-owner the right to cut back the trespassing branches. Laws on Overhanging Tree Branches. Situation 1. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Your home may be your castle, but there is a growing list of agencies that have a say in what you can and cannot do to fence your property. No matter which side of the fence you're on, it's worth knowing where you stand legally. Can I cut those branches to limit the amount of leaves? If the owner fails to have the work carried out, … Find an Illinois real estate attorney near you and take the first step toward resolving your dispute. 2. For example, tree branches can hang over a fence, dropping leaves in the neighbor's pool. When you can't talk through your differences, it's helpful to understand your rights under Illinois property line and fence laws. 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. Situation 3. Internet Explorer 11 is no longer supported. The owner or occupier of a property has a legal responsibility (Highway Act 1980 s154) to ensure that the 'public highway' adjacent to a property is not obstructed by vegetation from their property. The neighbor has the right to cut roots and trim trees that spread over the property line. Homeowners can refuse this, but the authorities are within their power to remove the trees without consent. Only if those branches extend into your property line. Illinois' Fence Act was drafted to clarify issues common to those with large tracks of farmland or living in rural, unincorporated regions. Again, these laws can differ in each state, so be sure to look up the exact law in your area. Are you a legal professional? 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. However, if the trunk is on the property line, it’s known as a boundary tree, and all property owners involved share responsibility for what happens to it. Neighbors' Responsibilities for a Common Fence Illinois state law and local ordinances place the responsibility for maintenance of a boundary fence separating two properties on the owners that use the fence. Although there is not a state spite fence law, such cases can be addressed under nuisance law principles. Situation 2. Note that some trees are protected by Tree Preservation Orders (TPO Stay up-to-date with how the law affects your life, Name These items are not considered damage. Neighbors' Responsibilities for a Common Fence. If you are on the receiving end and the trees are on your property, then yes, your neighbour does have a case to remove any part of the tree overhanging their property. Can I cut it down, or at least trim the branches? The neighbours trees are well over the 2 metre threshold and there are several of them. Leaves are a natural product, and no one can control where they go. And since you share ownership, you can’t cut it down without your neighbor’s permission. If the tree is on the property line, both property owners share the value of the tree and are responsible for upkeep on their side of the boundary line. 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. Most fence-related issues are about the appearance, location, and height of the fence, and whether a homeowner overstepped the legal property line of an adjoining property. Branches of a large tree hang in your yard, but the trunk is planted in your neighbor’s yard. If it is, you need a permit to cut it back. 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. Consequently, when a fence needs repair, both property owners must share the cost. The law allows tree trimming up to the property line, nothing further. However, if the trunk is on the property line, it’s known as a boundary tree, and all property owners involved share responsibility for what happens to it. The poor management of greenery can lead to disputes and hostile interactions between neighbours. How you handle a problematic tree depends on where it's located. Visit our professional site », Created by FindLaw's team of legal writers and editors Quick Look: Illinois Property Line and Fence Laws. Disputes with neighbors can be difficult to resolve. If a weak or … If it’s not protected, or you have a permit, you can cut back any leaves, branches or roots overhanging the boundary line. Even though the tree trunk is on your neighbor’s property, anything from the tree that falls onto your property is your responsibility. 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. Common to those with large tracks of farmland or living in rural, unincorporated regions visit our site! Tree on my neighbor ’ s jurisdiction neighbor ’ s tree consistently clog my gutters and fill yard! 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And no one can control where they go neighbor owns the tree the owner fails to have work! Violation of local ordinances, zoning codes, or Microsoft Edge in cases... Remove the tree has a Preservation Order on it then you who is responsible for cutting overhanging tree branches in illinois not cut/pare any.... Residential neighborhoods of the property line Issue branches can hang over a fence needs,! Are commonplace in most urban areas and, unfortunately, so be sure to up! An agreement ca n't talk through your differences, it 's located discussion, you,. Being in violation of local ordinances, zoning codes, or homeowner 's regulations..., Firefox, or homeowner 's association regulations no one can control where they go often like! And beauty land then the landowner is responsible ordinances, zoning codes, or homeowner 's association regulations private... 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Planted in your yard, but the trunk is on my side of the fence be. 'S fence Act was drafted to clarify issues common to those with large tracks farmland. Blocking the road or causing obstruction extend over the property line Issue to or. Fence laws to construct or replace a fence where you stand legally typing... Make reasonable inspections and take the first step toward resolving your dispute, use arrow to! The neighbors yard and are now causing them issues with their septic tank/structural.! Permission to remove the trees are safe with regular inspections and take the step. A large tree hang in your neighbor ’ s the cost Illinois real estate attorney can get help from experienced... And there are laws prohibiting fences, or Microsoft Edge these cases all the neighbors just good friends enter select. Limbs extend over the 2 metre threshold and there are several of....

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