Legal Question in Real Estate Law in Illinois

Re: Removal of tree

Hello. Based upon the facts that you have provided, I am of the opinion that your neighbor

would not prevail, if she filed a suit against you. First of all, what are her damages? What has she lost? I don't see any damages to her on your part. Secondly, she called the police and they ordered her to allow the work to be completed. Anyone can file a lawsuit, but I believe you can rest easy!

Re: Removal of tree

First, anybody can sue anybody in this country, regardless of whether they are right legally. It's up to the defendant to stop them from prevailing in a wrongful suit, and to consider whether, if the suit is frivolous, to seek sanctions for a frivolous lawsuit.

At common law there was always damages presumed if there is a trespass on your neighbor's land. The real question, as it is here, is how much was the damage, and cases have awarded only nominal damages, i.e. $1.00 or less where there have been no actual damages. Further, she did give you permission to enter, and she had apparent authority. So you have a valid defense. Apart from the issue of permission, you have a limited right to access your neighbor's land to trim trees, bushes, etc. that are on the lot line. I wouldn't be overly concerned that you will lose such a lawsuit, and it sounds unlikely that one wouldbe filed in these circumstances.

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