Legal Question in Disability Law in Illinois

There is a Cypress Tree planted on city easment. This part of the easment is on my neighbors property. The base of teh tree is about 20 to 25 feet from my front door. In the fall when it gets windy the tree drops rust color needles and limbs mostly in my yard. My gutters get clogged, my landscapping gets this all over, and it attaches to your feet like velcro. This has also resulted in run over of my guters which then goes into my basement. I have had damage to my upstairs screen on a window which the city has offered to have fixed in the past. These tyes of trees are known for "knees" which come to teh surface of my yard. The roots are also known for doing foundation damage and water line damage. Its not a mater of if they will do damage but when. I haev asked my city several times to have the tree taken down but they tell me they cannot legallyl do that. I haev laso been told that the homeowner does not want the tree removed.This tree does little to no shedding in his yard. The tree laso has little green balls that have in the past dented my siding. We have since had new siding put on our house. Any legal advice you can give me I would appreciate.


Asked on 11/13/10, 6:11 pm

1 Answer from Attorneys
Stephen Messutta

Hire an attorney in your area. I find it hard to believe the city can't deal with its own trees. You may have to pay for the cost to replace it with another species or something, but the city also has an obligation to maintain its foliage in a way that does not damage your property. You may actually have had grounds to sue for new siding but without knowing when that was, or what your communications with the city were as notice of the problem, it's impossible to help in this forum. Again, hire an attorney; it may be far cheaper to do that than it is to have to pay for the costs of maintenance, repairs and replacements for your home.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 11/18/10, 8:43 pm


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