Legal Question in Real Estate Law in Illinois

My family has a farm. On the border of our property and a new owner is a hedge row of trees. The new neighboring property owner wants to tear out that hedge and build a fence as we have cattle. This new owner wants us to share the $6,000 cost. We do not need the hedge removed and do not feel that a cost of $3,000 should be imposed upon us. I would like to know if it is fair to have this cost imposed upon us. I feel like that if he wants it out, that he should incur that cost. Additionally, what rights do we have if we do not want this row of trees removed.

Thanks,

Scott Harms


Asked on 11/02/11, 2:43 pm

2 Answers from Attorneys

Roseanne Lynch Bankruptcy Counselors, Ltd

Very interesting question. Not knowing much about how cattle farms operate, I would ask if the cattle could wander over onto your neighbor's land if there was no fence? Also, does the hedge sit totally on your land, the neighbor's land or both? If the trees are yours, I don't know of any reason that you would be required to remove trees on your land unless it would create some type of hazard for the public.

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Answered on 11/03/11, 7:10 am

Depends.... Generally you don't have to participate in a neighbor's new fence and usually the rule (local ordinance) is that the "good side" is supposed to face you, which is why some folks try to get neighbor participation..... But here is a link to an article that may help depending on whether the trees are actually "ON" the border or not. Once you determine "where" the trees really are (and a survey may or may not help), you may be faced with your neighbor putting a fence up that could damage your trees and then all you wind up with is a lawsuit. See a local attorney with the results who can help guide you through this situation; in the interim if the attorney concurs my thought is to tell your neighbor what you will have an arborist come in to evaluate the health of the trees to see if instead they might be trimmed instead - and it might be really interesting if you asked the neighbor whether he would participate in the cost of the evaluation......:

http://cmetro.ctic.com/TitleIssues/v4n6.pdf

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Answered on 11/03/11, 7:16 am


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