Legal Question in Real Estate Law in Illinois
Sue or not?
How long do I have to file a lawsuit? My neighbor took down a tree in their yard that was less than ten feet from my house. Our houses share a side yard. I did not want the neighbor to place any branches or limbs in my yard. I had given them permission but then told the husband I did not wish to have any part of the tree placed in my yard. They took down the tree and put limbs in my yard. I came home and stoped the tree service and called the cops. The cop told them to go ahead since the two houses are so close. The cop left and the tree service finished and picked up the mess in my yard. In the process they broke a small window. They said they would pay for it. I want to sue the tree service and my neighbors. They did damage a few limbs on one of my bushes and I want to sue my neighbors for that and trespassing. I have heard that neighbors have some right to do work on their own property and go on to their neighbors if they are close together. Is this correct? I guess the husband never told the wife what I said when I had a second thought because she said she knew nothing of that conversation. Should I peruse it or drop it?
2 Answers from Attorneys
Re: Sue or not?
You have two years to file a lawsuit. It's your call whether you wish to sue. I don't see why you don't just get the window repaired and let it be. Is having bitterness between you and your neighbors worth it? What damage really occurred? Pretty sad that we all can't help each other out. But I'm sure there's an attorney out there somewhere who would take your case.
Re: Sue or not?
Other than the broken window, what is the dollar amount of your damages? Is it a family heirloom bush that was damaged? Is it damaged to the point it must be replaced, or is it going to be good as new in the Spring? Bear in mind that you are going to have to live next to these people. You'll see them when you cut your grass, come home from work, barbeque out back. If you sue them, they'll hate your guts. It's your decision, but unless you've been financially damaged, AND they refuse to compensate you, what's the point? Who needs more enemies? And to answer your first question, two years for a civil claim for damages.
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