Legal Question in Real Estate Law in Illinois

No, I am afraid not. If it was a fruit tree you'd want the fruit that was hanging over your property line, so this is the law's "payback". Also our law is set up with a horror of someone going on to someone else's property. This was enshrined in the law during the Middle Ages, it goes back that far.

Of course, you can always ask your neighbor if they could pay for trimming the tree, but in these tough economic times, you probably won't get far. Tree surgeons are expensive - high insurance premiums, I suppose. Your homeowner's insurance won't cover anything unless there is actual damage. If the tree has damaged shingles to the point where they need replacing that might get you where you want to be. The insurance company will send someone to inspect the damage, so be careful that there is damage.

If this is your neighbor's tree your neighbor is responsible for it. Your community should have an arborist who can advise you on the best way to deal with the tree and what the local ordinances are about keeping trees pruned properly.

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 currently licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.