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.
2 Answers from Attorneys
Re: Whose responsibility to cut a tree branch over the fence
Your neighbor is entitled to cut the branch.
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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.