Legal Question in Real Estate Law in Illinois
tree responsibility
If the trunk of a tree is part way on my side, and partly on my neighbors, and there are dead branches....on his side....who is responsible for the financial cost of removal?
Asked on 6/22/08, 1:39 pm
1 Answer from Attorneys
Nicholas Chrisos
Nicholas G. Chrisos Attorney at Law
Re: tree responsibility
There's some case law from 1988, which I think is still good law although I haven't researched it recently, that says that a tree trunk that straddles the property line is considered to be commonly owned by both owners. So you'd have to agree to, for example, cut the tree down.
But that doesn't mean you can cross over to his side to trim dead branches. You can however trim branches that are over your property. I hope that answers your question.
Answered on 6/23/08, 4:18 pm
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