Legal Question in Real Estate Law in Illinois
Tree Trimming. What a neighbors tree limbs were trimmed at the property line but all that was left was a 10' high stump (tree was several feet from property line and then two main (and only) branches curved across the line. On the one hand, the branches were trimmed at the line...on the other hand, one could argue that a 10' high stump is (or will be) dead. Is the trimmer liable for the value of the tree...if so, is the value an appraised value or a replacement value?
1 Answer from Attorneys
A person can do whatever they want with whatever is over their property. I'm not a tree surgeon, but there is a good chance the tree will come out in the spring - what counts are the roots. Trees that are a one foot stump have been known to come out the following spring. In fact, it is sometimes hard to -get rid- of a tree you want to remove.
If the tree is killed, damages would probably be in the $1.00 range. The law was formed in a rural society and plants that make money for their owner can be compensated for, but even if that tree saves you money on cooling costs, there are no damages. It is viewed as decoration only.
As a further comment, the law is horrified at the idea of trespass to property, which is why neighbors of trees are allowed to trim anything over their property. If it was a fruit tree, whatever fell on their land would be theirs. In the rural society I was talking about earlier, trees on the property line were something easily avoided.
Maybe in a hundred years or so the law will adjust but I'm not optimistic.
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