Legal Question in Real Estate Law in Illinois
fallen trees and tree branches
during a recent storm, a neighbor's tree and several large branches from other trees that they own fell on my hedge and into my property. I assume that I must have these removed and the cost would be assumed by me. Is this correct?
1 Answer from Attorneys
Re: fallen trees and tree branches
I'm afraid so. Anything that falls on someone's property belongs to them. A fallen crop of fruit and a dead branch are the same legally. Your Homeowner's Insurance should be of help here.
If you can show that the fallen tree was dead or almost so you might be able to prove negligence. If, of course your neighbor knew that it was about to go and the wind wasn't so strong that -any- tree would have fallen over. Because your Homeowner's Insurance Company will not want to pay - if the deductable is met, there is a good chance that they could get the neighbor to pay without you going to court.
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