Legal Question in Civil Litigation in Illinois
Neighbor destroyed part of fence/cut our bushes
Rear Neighbor (I'm assuming) decided to cut 4 - (18 year old) euronoyus bushes that were planted on our side of the fence. They grew upright & were used as a screening device.
The wood fence was cut through to cut the trunks. Over 95% of the bushes (8ft tall) & the limbs/etc were on our property. 5% of the limbs, leaves may have been on the line or over their property.
1. The neighboring property is a rental.
2. I didn't see who did it.
3. No one notified me they had a problem with out natural screening device.
4. Do I have any sort of legal recourse? To whom? How?
Thank you
2 Answers from Attorneys
Re: Neighbor destroyed part of fence/cut our bushes
It sounds as if you may have a viable cause of action against the owner of the neighboring property for destruction of your shrubbery. You should find an attorney in your area that specializes in property disputes who can help you handle this.
Re: Neighbor destroyed part of fence/cut our bushes
The last time I checked IL law on this subject the neighbor could cut the limbs extending over their property, but not do anything that would kill the plants. Whether they could cut the fence of course depends on whose fence it is, theirs or yours. Your biggest problem may be proving who did it unless the neighbor will admit it.
Shell Bleiweiss
http://www.shell-bleiweiss.com