who is responsible for cutting overhanging tree branches in illinois

If it’s not protected, or you have a permit, you can cut back any leaves, branches or roots overhanging the boundary line. 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. 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. Find an Illinois real estate attorney near you and take the first step toward resolving your dispute. 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. Situation 2. If leaves, acorns, twigs or other debris from a neighbor’s tree falls onto your property, you are responsible for cleaning this debris up. Consequently, when a fence needs repair, both property owners must share the cost. 3. Both sides often feel like they have a right to modify their property to suit their own personal needs. A balancing test will be applied to weigh the negative effect on the aggrieved landowner's use and enjoyment of their property against the value of the structure to the fence owner. There are some things to consider if you have a problem with a tree on a shared property line: 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. Again, these laws can differ in each state, so be sure to look up the exact law in your area. 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. Written notices to remove overhanging branches. If that fails you are almost certainly within your rights to clip it or snip it. Do I need to compensate them? If the owner fails to have the work carried out, … You can cut back any overhanging branch that comes into your property. Who iss responsible for an overhanging 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. Leaves from the neighbor’s tree consistently clog my gutters and fill my yard. Situation 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. Landowners are responsible for maintaining the trees on their property. 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. A legal fence is defined as one that will sufficiently contain livestock on the land. Courts have upheld that a homeowner’s tree rights extend indefinitely upward on his property line, and those rights are protected from invasion by an adjoining landowner. Who owns a tree that straddles a boundary line? 1. Consumer Rights for Cutting Branches. Is the neighbor responsible? If your neighbor doesn't remove the dangerous tree, and the tree does in fact cause damage, your neighbor can be held liable. Storm damage of a neighbor’s tree resulted in my property damage. Can I cut it down, or at least trim the branches? All rights reserved. If it is, you need a permit to cut it back. A drive through rural Illinois will reveal many neighborhoods without perimeter fences. … The neighbour is refusing to cut the trees, and if my mother is to cut the trees, this will be in excess of £1000. These items are not considered damage. The neighbor has the right to cut roots and trim trees that spread over the property line. Can I cut those branches to limit the amount of leaves? Disputes with neighbors can be difficult to resolve. Stay up-to-date with how the law affects your life, Name To remove the tree, both property owners must consent. ... You’re legally entitled to cut and remove any tree branches or roots that encroach over the boundary of … Answer. Situation 2. Homeowners can refuse this, but the authorities are within their power to remove the trees without consent. Even so, the law only grants you permission to remove them back to the dividing line or border. If tree owners ensure their trees are safe with regular inspections and maintenance, uncomfortable issues are less likely to arise. Situation 3. Google Chrome, The neighbours trees are well over the 2 metre threshold and there are several of them. The common law allows that land-owner the right to cut back the trespassing branches. Quick Look: Illinois Property Line and Fence Laws. 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. Situation 1. 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. Branches of a large tree hang in your yard, but the trunk is planted in your neighbor’s yard. Microsoft Edge. The answer is likely a mixture of both. 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? 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. You can, however, trim branches that hang over your yard. 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. And since you share ownership, you can’t cut it down without your neighbor’s permission. Firstly, check with your local council, to see whether the tree is protected or subject to an environmental overlay. Note that some trees are protected by Tree Preservation Orders (TPO Can I trim them without permission? Consequently, when a fence needs repair, both property owners must share the cost. Situation 2. Laws on Overhanging Tree Branches. Situation 3. 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. 2. Although there is not a state spite fence law, such cases can be addressed under nuisance law principles. Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. If any limbs extend over the property line, they fall into that neighbor’s jurisdiction. Learn how, when, and how much to trim or prune your trees to maximize their health and beauty. 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. Who is responsible for the tree? Situation 1. Two official Fence Viewers will define the portion of the fence to be built or maintained by each. Illinois' Fence Act was drafted to clarify issues common to those with large tracks of farmland or living in rural, unincorporated regions. 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. If the tree was already in need of pruning, and the damage could have been avoided, the neighbor can be found responsible for damages. If the tree has a Preservation Order on it then you cannot cut/pare any branches. 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. 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. Cities with fence ordinances include: Get Legal Assistance with Your Property Line Issue. 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