Legal Question in Real Estate Law in Illinois

Whose responsibility to cut a tree branch over the fence

Dear Atterney, we have a tree in our back yard has branches cross over the fence to our neighbour's yard. One of the big brach broke and is hanging on the tree. Our neighbour asked to cut the branch. My question is whose responsibility is it to cut the branch? The branch is completely over in neighbour's property. Thanks.


Asked on 9/02/08, 3:46 pm

2 Answers from Attorneys

Nicholas Chrisos Nicholas G. Chrisos Attorney at Law

Re: Whose responsibility to cut a tree branch over the fence

Your neighbor is entitled to cut the branch.

Please understand that this reply is being posted for informational purposes only and is not intended to be legal advice. Legal advice can only be given after reviewing all the facts of your individual case and is only provided to clients of the firm after a review of all necessary documents. This communication is not intended to create a lawyer/client relationship and I specifically state to you that you are not a client of the firm.

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Answered on 9/03/08, 11:53 am

Re: Whose responsibility to cut a tree branch over the fence

Your neighbor has the right to cut branches that are over his property. However, that is a separate issue than who is legally responsible if a tree which has a trunk in your yard had branches that overhang the properyline and cause damage to the neighbor property or person.

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Answered on 9/02/08, 4:04 pm


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