who is responsible for cutting overhanging tree branches in illinois

3. The neighbours trees are well over the 2 metre threshold and there are several of them. Such structure may also be addressed as being in violation of local ordinances, zoning codes, or homeowner's association regulations. 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. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. If an agreement can't be reached through discussion, you can get help from an experienced real estate attorney. Consequently, when a fence needs repair, both property owners must share the cost. Situation 3. You can cut back any overhanging branch that comes into your property. Both sides often feel like they have a right to modify their property to suit their own personal needs. 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. Leaves from the neighbor’s tree consistently clog my gutters and fill my yard. The email address cannot be subscribed. Situation 1. If the owner fails to have the work carried out, … 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. Who is responsible for the tree? Situation 1. A drive through rural Illinois will reveal many neighborhoods without perimeter fences. Can I cut it down, or at least trim the branches? If it’s not protected, or you have a permit, you can cut back any leaves, branches or roots overhanging the boundary line. Part of the trunk is on my property, and part is on my neighbor’s. If leaves, acorns, twigs or other debris from a neighbor’s tree falls onto your property, you are responsible for cleaning this debris up. 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. 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. You may wonder whether there are laws prohibiting fences, or maybe all the neighbors just good friends? 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. Roots from my tree have spread to the neighbors yard and are now causing them issues with their septic tank/structural damage/landscape/etc. Our CSLB license # is 821770 . Again, these laws can differ in each state, so be sure to look up the exact law in your area. Situation 2. Note that some trees are protected by Tree Preservation Orders (TPO Trees roots can also cause damage to sidewalks and nearby structures. Consequently, when a fence needs repair, both property owners must share the cost. How you handle a problematic tree depends on where it's located. 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. 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. Situation 1. 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. Can I trim them without permission? 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. 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. No claim needs to be made to the tree owner in these cases. To remove the tree, both property owners must consent. … 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. Microsoft Edge. Google Chrome, Who iss responsible for an overhanging tree? 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. Even so, the law only grants you permission to remove them back to the dividing line or border. Who owns a tree that straddles a boundary line? Answer. Firefox, or Overhanging Branches. The law allows tree trimming up to the property line, nothing further. You both own it. 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. Visit our professional site », Created by FindLaw's team of legal writers and editors 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. This is known as the common law … You can, however, trim branches that hang over your yard. Who is responsible for the tree? 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. Stay up-to-date with how the law affects your life, Name For example, tree branches can hang over a fence, dropping leaves in the neighbor's pool. 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. 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. Situation 2. 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. If it is, you need a permit to cut it back. Two official Fence Viewers will define the portion of the fence to be built or maintained by each. 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. 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. Cities with fence ordinances include: Get Legal Assistance with Your Property Line Issue. Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. Firstly, check with your local council, to see whether the tree is protected or subject to an environmental overlay. 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. We recommend using 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. Can I cut those branches to limit the amount of leaves? In counties under township organization, the board of trustees will serve as fence viewers in their respective towns. 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. Are you a legal professional? Internet Explorer 11 is no longer supported. The common law allows that land-owner the right to cut back the trespassing branches. Please try again. If the tree has a Preservation Order on it then you cannot cut/pare any branches. Illinois' Fence Act was drafted to clarify issues common to those with large tracks of farmland or living in rural, unincorporated regions. The neighbor has the right to cut roots and trim trees that spread over the property line. Copyright © 2020, Thomson Reuters. Storm damage of a neighbor’s tree resulted in my property damage. 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. Plus, you likely will need a building permit to construct or replace a fence. This chart provides a summary of key Illinois laws relevant to property line and fence disputes. These items are not considered damage. 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. If the tree was already in need of pruning, and the damage could have been avoided, the neighbor can be found responsible for damages. | Last updated December 01, 2017.

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