And, how you keep that yard affects your neighbors. If you do go onto a neighbor’s property or harm the tree, you could be liable for double or triple the value of the tree! Your feedback is the best way for us to improve our services. When a fence is built by a property owner whose primary … What is the law if a tree is growing on your property, but the branches hang over the neighbor's property? If any part of that trunk crosses the border, it’s a jointly owned tree that one neighbor can stop the other from removing. In short, they are a danger to persons on your property. I have several 10-year old trees close to my lot line, bordering a neighbor's lot & fence. You own the airspace over your ground—up to an uncertain limit—so trimming overhanging branches is certainly OK. That’s true even if the trunk is completely in your neighbor’s yard. Subscribe to our newsletters to get updates about Illinois Public Media's role in giving voice to local arts, education, new ideas, and community needs, sent straight to your inbox. Whether you are a United States senator or an everyday citizen, if you own a house you almost certainly have a yard. Illinois Tree Damage Laws. In that situation, you may […] You both own it. All you have to do is reach up and grab those pears for your lunch. When a dead tree falls on your property, you likely will clean it up and deal with any damage on your own. Unfortunately for the client, the neighbor hired an attorney and prevailed at the Magistrate Court trial. An old Illinois case said it’s a truth universally acknowledged “that trees growing upon a boundary line are the joint property of the adjoining owners." Can you cut them back to their side? What about the falling leaves and other detritus from your neighbor’s tree? The most recent case to consider jointly owned trees, from 1988, said it all depends on where the trunk enters the ground. What if, instead, it is your neighbor’s tree that fell? The weedy trees belong to the business next door. That imposes a duty on you to take reasonable steps to prevent your tree from falling on their roof. This law leads to some surprising results. Neighbors may have affirmative obligations to maintain a common wall or preserve a pathway that gives access to another’s property. The courts have uniformly ruled that the natural debris from a tree or even a whole bunch of trees does not constitute a nuisance that the tree owner needs to abate. But, you’re not necessarily liable if digging in your yard incidentally damages the roots of a neighbor’s tree. Until they actually cause damage, you can’t do much. 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. A neighbor can stop the other from removing the tree. The tree trunk 'flare' and tree roots are now contacting and damaging my neighbor's fence. May 31, 2019 / in Law Review / Tags: Neighbor Encroaching on Property, Prescriptive Easement, Without Permission by Crysta Dwyer A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor’s inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house. … Under Connecticut case law, if a tree is growing on one person ' s land but its branches or roots encroach on a neighbor ' s land, the neighbor can cut off the branches or roots up to the line of his or her land (see McCrann v. Town Planning & Zoning Commission, 161 Conn. 65 (1971)). . Go ahead and cut those limbs. Not so fast. And while you’re at it, can you cut all the roots that are in my lawn?” If I had a dime for every time someone asked me that question, I’d be the better looking version of Bill Gates. Encroaching roots are more complicated. A neighbor’s tree branch that hangs over your property may fall in a storm, resulting in damage to your home, car or other possessions. After the client and the neighbor were unable to work out the dispute, the client represented herself by filing suit in Magistrate Court. (Your neighbor isn’t legally responsible for reimbursing your deductible; you could sue to recover that amount, but it’s not a sure bet.) In Scotland, an action that may be justified against a stranger might not be justified against a neighbor. Although neighborhood lawn disputes may only rarely break into a physical altercation, they do turn into litigation with somewhat more frequency. Later cases specified that adjoining property owners own such trees as “tenants in common.” That’s a type of shared ownership, along with joint tenancy, and tenancy by the entirety. To find out whether Illinois … There are some things to consider if you have a problem with a tree on a shared property line: A: Tree law varies on a state-by-state basis. “A person commits trespass by causing or permitting a thing to cross the boundary of the premises,” citing City of Ar-lington v. City of Fort Worth, 873 S.W. Lines and paragraphs break automatically. As a personal aside to my neighbor . (The fence is also about 10-years old, but was put up just before the trees.) By law, you have the right to trim branches and limbs that extend past the property line. But, what if it is not your tree? In Illinois, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). As a personal aside to my neighbor . Not trimming those overhanging branches might be contributory negligence, if they cause you damage. It is neither likely nor necessarily desirable that U.S. law follow these countries and move toward a specialized neighbors law. . . 2d 765. One case hinted that caring for a neighbor’s tree “can give one party a protectable interest even if the subject tree is not actually on a boundary line.”. The trunk is on your neighbor’s property, but part of the tree overhangs your property. sorry about all those leaves my tree has left in your yard, but the law made me do it. No, not really, but I would be able to take the wife to a dinner and show at the dollar theater. Laws were passed in 2001 that alter the ways in which contractors can trim trees, while other laws that have existed for years continue to protect against unlawful tree trimming. But, now that you think about it, the limbs on that pear tree are pretty low and pretty numerous. Later cases specified that adjoining property owners own such trees as “tenants in common.” That’s a type of shared ownership, along with joint tenancy, and tenancy by the entirety. You may not go onto the neighbor's property or destroy the tree. Indeed, these disputes are frequent enough that a legal encyclopedia has a 126-page entry cataloguing cases where neighbors have sued over trees and shrubbery that encroached on their property. We simplify the law so you can get justice. Paraphrasing just a little, the judicial opinions read something like this: We are a busy and expensive part of your government. Every day, we hear cases where people’s lives, liberty, and fortunes hang in the balance. (740 ILCS 185/2.5) Sec. Rats, you can’t have the pears. In one case, digging a foundation for a home didn’t make someone liable when that killed their neighbor’s tree. A statute imposes liability for cutting a tree on another person ' s land without permission. Your neighbor. “My neighbor’s tree has branches crossing over my fence. The amount at stake does not matter. Does your neighbor have the right to cut the branches that are hanging over his property? Those who illegally trim a tree in Illinois will be fined. A necessary corollary is that a property dispute between neighbors is no different than a property dispute between strangers. What a person’s rights and obligations are as they pertain to their trees or the trees of the neighbors depends upon state law. In that case, it didn’t matter that most of an 80 foot elm was in one yard, or that 15 inches up the trunk was entirely in that other yard. Yes. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. Can I cut it down, or at least trim the branches? And maybe branches on your neighbor’s side threatening your side. Who owns a tree that straddles a boundary line? The appellate court held it did. Part of the trunk is on my property, and part is on my neighbor’s. Neighbor B successfully sued Neighbor A for $5,000 in damages. The client’s neighbor cut down two large trees near the property line without the permission of the client. Some treat disputes between neighbors as a special category of legal problems. One Illinois case says that you’re “privileged to enter upon a neighbor's land to abate a condition thereon which constitutes a private nuisance.” But, even if that suggests you could ignore a neighbor’s protest, and enter their yard to trim branches hanging over your yard, acting without permission is likely to backfire. Put more simply, your use of your property affects your neighbors. Damage Caused by Your Trees: You have a duty to take reasonable steps to prevent your tree from harming your neighbors. Web page addresses and email addresses turn into links automatically. There is one caveat, however. The cases have their roots in a peculiarly American view of property law. Don’t be a jerk. If the neighbor took reasonable care of the tree and a … You may be able to get free legal help. In Texas, a person is not under an affirmative duty to prune or trim a healthy tree when its branches extend over his neighbor’s property, even if the tree branches extend over the neighbor’s roof or driveway where cars are parked. Use this form to revoke a real estate Transfer on Death Instrument that you have filed with a County Recorder of Deeds. 1933). sorry about all those leaves my tree has left in your yard, but the law made me do it. You would just cut off the limbs, but some guy on the radio told you the entire tree belonged to your neighbor, Now, I have good news. The following question was submitted to John Roska, an attorney/writer whose weekly newspaper column, "The Law Q&A," ran in the Champaign News Gazette. the tree. Transfer on death instrument revocation TODI. Illinois tree-trimming laws are designed to protect tree owners and those who are bothered by their neighbor's trees, especially when the branches begin to encroach on their property. As for who owns any fruit from the tree… 2.5. ILAO's tax identification number is 20-2917133. Trees intentionally cut or knowingly caused to be cut on protected land. (To learn what you must prove in order to get actual damages, see Nolo’s article When a Neighbor Damages or Destroys Your Tree.) All rights reserved. If my neighbor's tree branches hang over my yard, can I trim them? If the tree owner ignores visible rot that might cause the tree to fall during a strong wind, she may be held liable for any damages caused by the fallen tree. Trees can be a huge source of contention between neighbors, but as a property owner, you do have certain rights. All the owners are responsible for caring for the tree, and one co-owner may not remove a healthy tree without the other owners' permission. It is accepted law in all states that a tree whose trunk stands wholly on the land of one person belongs to that person. As mentioned above, most tree law cases are based on civil torts.This is a broad term for any type of harm that’s settled through personal injury law.While a tort sometimes involves a criminal offense (such as criminal trespassing), the civil and criminal cases are always handled in separate courts.Often, the decision in one court will be used as evidence for the case in the other court.When it comes to Virginia tree law, there are tw… South Africa may have the most developed specialized neighbors law, resting on the idea that the right to use one’s property extends only so far as there is a duty on the neighbor to tolerate the use. How can we improve this site? In a surprising number of cases, people have sued for a court order to force neighbors to cut overhanging tree limbs. Spite Fences in Illinois. Not all legal systems take this approach. Neighbors and Trees Trees are a common dispute among neighbors. Tree disputes can take many forms, such as trees that fall on a neighbor's property and cause damage or circumstances where a neighbor's tree blocks what would be a scenic or otherwise pleasant view. Luke v. Scott, 187 N.E. Perhaps he or she did not take care of it. Scottish law goes even farther by imposing a positive duty sometimes to help neighbors under a “common interest” doctrine. Wait! But, these international examples do remind us that it is cooperation and not fences that make the best neighbors. Trees on Your Property Line: Illinois case law states that if any part of a tree trunk crosses the property line, it's a jointly owned tree. Cut those limbs yourself and bother us no more. (JavaScript must be enabled to view this email address), Charlie Brown Specials To Air on WILL-TV, After All, In PBS Deal, Joe Biden Elected President Of The United States, WATCH LIVE: 13th Congressional District Debate: Dirksen Londrigan V. Davis, Text ‘TALK’ To 217-803-0730 To Help Shape The 21st’s COVID-19 Coverage, Non-COVID News Stories: Ending Cash Bond, Illinoisans Fight Wildfires, Teacher of the Year, Stories from the Champaign-Urbana News-Gazette, Stories from the Decatur Herald and Review. In addition, if your neighbor gives you a warning about a tree or portion of a tree that they feel is a hazard or files a complaint with the town about a tree on your property that they believe to be a hazard, if you do nothing to address this concern and any portion of the tree falls on the neighbor’s property, you may be liable for any damage caused. It’s too bad for you. The usual rule is that the entire tree belongs to whoever owns the property where the trunk is located and that includes those pears. What lessons do these cases teach us other than that there are always people who will sue over the smallest provocation? The 5 inches of the trunk that crossed the border at ground level was enough to give that side veto power over the other owner who wanted the tree to go. And maybe branches on your neighbor’s side threatening your side. But the common law rule is that if the tree is in good health, but still blows over, that's an act of … Property rights are property rights. Worried about doing this on your own? If you trim the branches or cut the roots and the tree may die as a result, this could be a problem. Q: We recently got our land surveyed and discovered that our neighbors had planted a row of trees on our property. Submitted by Anonymous (not verified) on Tue, 10/23/2018 - 09:05, Submitted by Jeff Cooley on Thu, 08/09/2018 - 11:11. However, the law only allows tree trimming and tree cutting up to the property line. An old Illinois case said it’s a truth universally acknowledged “that trees growing upon a boundary line are the joint property of the adjoining owners." You can, however, trim branches that hang over your yard. Best offers for your Garden - https://amzn.to/2InnD0w ----- The Law Regarding Trimming Your Neighbor's Tree. A program to prepare a Transfer on Death Instrument to give residential property to your loved ones after your death. . The owner of a fallen tree is responsible for the cleanup and any damages caused by the tree. And that is generally the case regardless of A’s motivation or reasonableness or the impact the tree’s removal would have on his neighbors. That's right, even if the tree is rooted in your neighbor's yard, if it crashes onto your property, it's your problem. 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