Legal Question in Real Estate Law in Illinois
Restrictions, Covenants
I have a property under IDNR tree conservation program. Under this program, I need to cut down matured trees to provide growing space for young trees. My sudivision has a restriction that says '' There shall not be any trees cut for the primary purpose of profit - except for Christmas trees. In conformance with the Illinois Dept. of Natural Resources tree conservation program, am I in violation of the subdivision restriction if I cut and sell all matured trees?
2 Answers from Attorneys
Re: Restrictions, Covenants
State law usually overrides local subdivion restrictions.
Re: Restrictions, Covenants
I have no idea. I'd have to look at the IDNR law/agreement and/or the subdivision document(s) and possibly even case law. Sorry I don't have a better answer