Legal Question in Civil Litigation in Illinois

There was a tree in my next door neighbors yard at the lot line that has been dead for at least 8 yrs. I had trees die for the same reason and I had them cut down. This tree had a large branch fall into the neighbors yard about 3 yrs ago. the neighbors had people help them cut up the branch with a chain saw. I talked to the owner while he was doing this an told him he should cut the rest of the tree down before the trunk falls. He nodded his head at me and did nothing. The tree has fallen partially into my yard and is laying over their chain link fence (which is in my yard too). This was about 2 months ago. They owner has the home for sale and no longer lives there. Other people are living in the house but it is still for sale. They dont speak English. I tried to contact the owner thru the realtor but no success. The tree trunk clearly shows rot where it broke and I feel this was negligence-not Mother Nature. Do I have a small claims lawsuit? I really would like to resolve this out of court. Do you have suggestions?


Asked on 12/05/12, 1:16 pm

2 Answers from Attorneys
Shell Bleiweiss Law Offices of Shell J. Bleiweiss

From what you have told us you appear to have a reasonably good lawsuit, but I question whether the amount of money at stake is enough to warrant hiring a lawyer. You can bring a small claims court suit without a lawyer. This should be something you could settle out of court if you could speak with the owners. In fact, you would have to find the owners to sue them as well, although there may be a way around that. The broker probably knows how to reach the owners but I don't know a way to force them to tell you how.

Shell Bleiweiss

http://www.shell-bleiweiss.com

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Answered on 12/05/12, 1:23 pm

I agree with the other attorney. You do have a valid small claims court claim. You should pursue it now. If you get a judgment and follow through it will be lien on the property and you will be paid when the house closes so that the seller can provide good title.

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Answered on 12/05/12, 1:28 pm


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