Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. For example, in counties with less than one million residents and not within the corporate limits of any city in such county, when one land owner wants to fence their property, each owner of adjoining land must pay for and maintain the fence even when they do not want the fence installed. Who owns a tree that straddles a boundary line? A drive through rural Illinois will reveal many neighborhoods without perimeter fences. Under the guidelines of the Illinois State Code Section 2, residents are not allowed to trim or cut another resident's tree without first obtaining the legal right to do so. The neighbour is refusing to cut the trees, and if my mother is to cut the trees, this will be in excess of £1000. Laws on Overhanging Tree Branches. For example, tree branches can hang over a fence, dropping leaves in the neighbor's pool. Internet Explorer 11 is no longer supported. ... You’re legally entitled to cut and remove any tree branches or roots that encroach over the boundary of … If the tree has a Preservation Order on it then you cannot cut/pare any branches. The problem is that the branches are coming over onto my mothers property, blocking light and signal, also allowing rats to climb into the attic. The answer is likely a mixture of both. Situation 1. Can I trim them without permission? Firefox, or Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. Branches of a large tree hang in your yard, but the trunk is planted in your neighbor’s yard. However, fences are commonplace in most urban areas and, unfortunately, so are disputes over fences and property lines. Answer. Who is responsible for the tree? Branches of a large tree hang in your yard, but the trunk is planted in your neighbor’s yard. Overhanging trees affecting telephone wires, this is affecting my self and a number of neighbours Hello Not sure if this is the correct forum to raise this, however there are a number of mature and very tall trees in the garden and area behind my property on Morecambe Street in Morecambe. Part of the trunk is on my property, and part is on my neighbor’s. 2. If any limbs extend over the property line, they fall into that neighbor’s jurisdiction. In the process of construction/yard work/etc., my neighbor killed a tree on my side of the property line. There are some things to consider if you have a problem with a tree on a shared property line: Again, these laws can differ in each state, so be sure to look up the exact law in your area. If the tree is on private land then the landowner is responsible. Homeowners can refuse this, but the authorities are within their power to remove the trees without consent. Those found in violation of this law will be required to pay the owner of the tree three times the overall worth of the tree before it was cut down. If your neighbor doesn't remove the dangerous tree, and the tree does in fact cause damage, your neighbor can be held liable. 1. When you can't talk through your differences, it's helpful to understand your rights under Illinois property line and fence laws. If the tree is on the property line, both property owners share the value of the tree and are responsible for upkeep on their side of the boundary line. Find an Illinois real estate attorney near you and take the first step toward resolving your dispute. Who is responsible for the tree? Situation 2. Shrubs and trees etc overhanging the Public Highway . Branches of the neighbor’s tree hang in my yard. Visit our professional site », Created by FindLaw's team of legal writers and editors Overhanging branches can cause conflict between neighbours and it's important to know what your rights are before you take any action or make a complaint. This is known as the common law … Consequently, when a fence needs repair, both property owners must share the cost. Situation 1. In counties under township organization, the board of trustees will serve as fence viewers in their respective towns. A Council or Highways Agency may serve notice on the tree owner to require adequate clearance of hedges or trees encroaching onto pavements or roads. Am I entitled to compensation? If your property backs onto a road and has a problem with overhanging trees, it’s possible the Highways Agency might ask you to remove them. The neighbours trees are well over the 2 metre threshold and there are several of them. Firstly, check with your local council, to see whether the tree is protected or subject to an environmental overlay. Microsoft Edge. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. … Consumer Rights for Cutting Branches. Situation 3. To remove the tree, both property owners must consent. If one party refuses to cooperate, the other party can do any of the following: Trees and shrubs can add value to your home, but they can also cause problems between neighbors. Note that some trees are protected by Tree Preservation Orders (TPO Most fence-related issues are about the appearance, location, and height of the fence, and whether a homeowner overstepped the legal property line of an adjoining property. Neighbors' Responsibilities for a Common Fence Illinois state law and local ordinances place the responsibility for maintenance of a boundary fence separating two properties on the owners that use the fence. This guide covers the factors that go into tree trimming (pruning) and will help you make a more informed decision about hiring a professional tree service. Trees roots can also cause damage to sidewalks and nearby structures. If your neighbour’s tree is causing you problems and you have not been able to come to an agreement by talking to your neighbour, you can give them a notice to remove the problem branches, using a Form 3 - Notice for removal of particular overhanging branches. Although there is not a state spite fence law, such cases can be addressed under nuisance law principles. When a fence is built by a property owner whose primary motivation is spiteful or malicious it is commonly referred to as a spite fence. Situation 2. You may wonder whether there are laws prohibiting fences, or maybe all the neighbors just good friends? The email address cannot be subscribed. We recommend using Quick Look: Illinois Property Line and Fence Laws. Disputes with neighbors can be difficult to resolve. Roots from my tree have spread to the neighbors yard and are now causing them issues with their septic tank/structural damage/landscape/etc. The neighbor has the right to cut roots and trim trees that spread over the property line. Consequently, when a fence needs repair, both property owners must share the cost. Even so, the law only grants you permission to remove them back to the dividing line or border. Written notices to remove overhanging branches. The law allows tree trimming up to the property line, nothing further. The responsibility of trimming trees near power lines is a serious one for utilities because the failure to keep trees and tree limbs away from power lines could result in injury or death due to electric shock or electrocution. If that fails you are almost certainly within your rights to clip it or snip it. Overhanging Branches. Plus, you likely will need a building permit to construct or replace a fence. You can cut back any overhanging branch that comes into your property. The Law on High Hedges, Trees and Overhanging Branches Garden related issues can be incredibly infuriating for neighbours and cause a great deal of tension. If the tree was already in need of pruning, and the damage could have been avoided, the neighbor can be found responsible for damages. You both own it. These items are not considered damage. Learn how, when, and how much to trim or prune your trees to maximize their health and beauty. Cities with fence ordinances include: Get Legal Assistance with Your Property Line Issue. In counties not under township organization the presiding officer of the county board, three fence viewers in each precinct, It is a violation to cut or cause to be cut any tree unless you have full legal title, Violators of the act will be liable for three times the value of the tree, Utility providers have a right to cut any tree that interferes with service, Write a letter to the neighbor explaining the problem with the fence, Request a "fence viewer" examine the fence and make a recommendation of whether the fence needs repair or whether the amount requested for repair is reasonable. This chart provides a summary of key Illinois laws relevant to property line and fence disputes. No claim needs to be made to the tree owner in these cases. Leaves from the neighbor’s tree consistently clog my gutters and fill my yard. Our CSLB license # is 821770 . If an agreement can't be reached through discussion, you can get help from an experienced real estate attorney. If one does come up, and a discussion with the neighbor follows, and no action is taken, that neighbor can be held liable for any future damage. No matter which side of the fence you're on, it's worth knowing where you stand legally. You can even get the municipality or utility company involved in certain situations. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. However, the cut branch (es), and any fruit or flowers attached to the branch (es) remain the property of the tree owner and must be returned. Your home may be your castle, but there is a growing list of agencies that have a say in what you can and cannot do to fence your property. The owner or occupier of a property has a legal responsibility (Highway Act 1980 s154) to ensure that the 'public highway' adjacent to a property is not obstructed by vegetation from their property. All rights reserved. Tip Top Arborists, Inc. has been licensed and fully insured for tree trimming, tree removal and stump grinding since 1976 in Antelope Valley, Santa Clarita Valley, Victor Valley and Tehachapi Valley. Illinois' Fence Act was drafted to clarify issues common to those with large tracks of farmland or living in rural, unincorporated regions. However, if the trunk is on the property line, it’s known as a boundary tree, and all property owners involved share responsibility for what happens to it. However, if the trunk is on the property line, it’s known as a boundary tree, and all property owners involved share responsibility for what happens to it. Stay up-to-date with how the law affects your life, Name However, there are portions of the state's Fence Act that can impact those in residential neighborhoods. In addition to the State of Illinois, your right to have a fence and its general appearance are impacted by county and city laws, utility and wildlife easements, and any applicable homeowner association rules. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. Do I need to compensate them? If tree owners ensure their trees are safe with regular inspections and maintenance, uncomfortable issues are less likely to arise. Who iss responsible for an overhanging tree? Is the neighbor responsible? If a weak or … A balancing test will be applied to weigh the negative effect on the aggrieved landowner's use and enjoyment of their property against the value of the structure to the fence owner. A legal fence is defined as one that will sufficiently contain livestock on the land. Google Chrome, Leaves are a natural product, and no one can control where they go. If leaves, acorns, twigs or other debris from a neighbor’s tree falls onto your property, you are responsible for cleaning this debris up. If the owner fails to have the work carried out, … While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. | Last updated December 01, 2017. And since you share ownership, you can’t cut it down without your neighbor’s permission. Such structure may also be addressed as being in violation of local ordinances, zoning codes, or homeowner's association regulations. Copyright © 2020, Thomson Reuters. Can I cut those branches to limit the amount of leaves? Situation 2. The common law allows that land-owner the right to cut back the trespassing branches. When a neighbors tree branch is over hanging an adjoining property line, the adjoining property owner has an absolute right to cut the branch up to the property line. Search, Constructed from rails, timber boards, stone, hedges, barb wire, woven wire or whatever the fence viewers of the town or precinct state is appropriate, Must be sufficient to prevent cattle, horses, sheep, hogs and other stock from getting on the adjoining lands of another, A division fence is one separating the land of 2 of more persons, Each person must make and maintain a "just portion" of the fence, A hedge fence cannot be more than 5 feet high. Generally, if a tree trunk sits on both you and your neighbor’s property, is owned by both of you, and you are both responsible for the tree. Storm damage of a neighbor’s tree resulted in my property damage. Landowners are responsible for maintaining the trees on their property. If, as in this case, it requires expenditure by the land-owner to do this, can a small claims court be used to seek repayment of the costs because it was a trespass, or would a full court hearing be the only way to recover these costs, if a claim of trespass, nuisance and damages was made? Please try again. Situation 3. Two official Fence Viewers will define the portion of the fence to be built or maintained by each. Are you a legal professional? Neighbors' Responsibilities for a Common Fence. If it’s not protected, or you have a permit, you can cut back any leaves, branches or roots overhanging the boundary line. Illinois state law and local ordinances place the responsibility for maintenance of a boundary fence separating two properties on the owners that use the fence. Can I cut it down, or at least trim the branches? Courts have upheld that a homeowner’s tree rights extend indefinitely upward on his property line, and those rights are protected from invasion by an adjoining landowner. If the neighbor regularly maintained the tree and the damage could not have been avoided, then it’s most likely ruled an Act of God. How you handle a problematic tree depends on where it's located. Duty and discretionary power of the highway authority In general, where tree branches or roots encroach onto neighbouring land, the owner of the neighbouring land has the right to cut back the encroaching branches to the boundary. When a tree on your property hangs over the boundary line into another yard, you have a duty to address all weak or damaged branches. Situation 1. Even though the tree trunk is on your neighbor’s property, anything from the tree that falls onto your property is your responsibility. Both sides often feel like they have a right to modify their property to suit their own personal needs. When it comes to overhanging tree branches in your yard, over your house, or along power lines that effect your home, you may have some say about what happens to that tree and its maintenance. The poor management of greenery can lead to disputes and hostile interactions between neighbours. If you are on the receiving end and the trees are on your property, then yes, your neighbour does have a case to remove any part of the tree overhanging their property. If a majority of the tree is overhanging their property and the council says it’s okay to remove the tree, then there is a good chance the disputes council with side with them. 3. Only if those branches extend into your property line. Anyone who engages in the work so close to a property line without the neighbor’s permission is liable for compensating the tree owner if any damage is done. You can, however, trim branches that hang over your yard. This will only be necessary if the trees are blocking the road or causing obstruction. If the entire trunk is in the other yard, the neighbor owns the tree. Ask your neighbour to cut the parts that overhang your land. If the entire trunk is in the other yard, the neighbor owns the tree. As discussed in our article on nuisance, property owners have certain duties to maintain and utilize their property so that it does not constitute a nuisance for either other property owners nearby or the public. If it is, you need a permit to cut it back. A Preservation Order on it then you can get help from an real. This, but the authorities are within their power to remove the trees are well over property. When you ca n't talk through your differences, it 's worth knowing where you stand legally local ordinances zoning! Maintenance, uncomfortable issues are less likely to arise can hang over a fence repair! Learn more about FindLaw’s newsletters, including our terms of use and privacy policy or border issues with septic. 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