If the neighbor took reasonable care of the tree and a … It is neither likely nor necessarily desirable that U.S. law follow these countries and move toward a specialized neighbors law. No, not really, but I would be able to take the wife to a dinner and show at the dollar theater. How can we improve this site? 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. ILAO's tax identification number is 20-2917133. What lessons do these cases teach us other than that there are always people who will sue over the smallest provocation? But, you’re not necessarily liable if digging in your yard incidentally damages the roots of a neighbor’s tree. Damage Caused by Your Trees: You have a duty to take reasonable steps to prevent your tree from harming your neighbors. If a well maintained tree falls due to an Act of God, such as a tornado, she will not be held liable. Rats, you can’t have the pears. If you and a neighbor shared responsibility and ownership of the tree due to property lines, then you should split the cost of the cleanup equally. You may not go onto the neighbor's property or destroy the tree. Don’t be a jerk. 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. Until they actually cause damage, you can’t do much. But Illinois law says the limbs hanging over the fence and stretching into Robin Sachs' Mundelein yard are legally her responsibility. When a fence is built by a property owner whose primary … If the tree trunk sits entirely in your neighbor’s yard, they’re the owner. In short, they are a danger to persons on your 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. Negligence will play a factor in determining liability after a tree falls. … Perhaps he or she did not take care of it. Can you cut them back to their side? Yes. However, the law only allows tree trimming and tree cutting up to the property line. A necessary corollary is that a property dispute between neighbors is no different than a property dispute between strangers. 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. Encroaching roots are more complicated. It’s too bad for you. But, what if it is not your tree? 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. . “My neighbor’s tree has branches crossing over my fence. Can I cut it down, or at least trim the branches? 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… In a surprising number of cases, people have sued for a court order to force neighbors to cut overhanging tree limbs. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. Unfortunately for the client, the neighbor hired an attorney and prevailed at the Magistrate Court trial. 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. That's right, even if the tree is rooted in your neighbor's yard, if it crashes onto your property, it's your problem. I have several 10-year old trees close to my lot line, bordering a neighbor's lot & fence. 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. Every day, we hear cases where people’s lives, liberty, and fortunes hang in the balance. But the common law rule is that if the tree is in good health, but still blows over, that's an act of … 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. And maybe branches on your neighbor’s side threatening your side. 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. What if, instead, it is your neighbor’s tree that fell? This commentary so far should strike you as just being barely to the good side of batty. All rights reserved. There is one caveat, however. 2.5. The usual rule is that the entire tree belongs to whoever owns the property where the trunk is located and that includes those pears. The appellate court held it did. What is the law if a tree is growing on your property, but the branches hang over the neighbor's property? If you trim the branches or cut the roots and the tree may die as a result, this could be a problem. Not trimming those overhanging branches might be contributory negligence, if they cause you damage. Lines and paragraphs break automatically. . And maybe branches on your neighbor’s side threatening your side. To find out whether Illinois … If my neighbor's tree branches hang over my yard, can I trim them? In Scotland, an action that may be justified against a stranger might not be justified against a neighbor. That imposes a duty on you to take reasonable steps to prevent your tree from falling on their roof. (To learn what you must prove in order to get actual damages, see Nolo’s article When a Neighbor Damages or Destroys Your Tree.) This result has come to be known as the Massachusetts Rule, although one wonders what it is about the Bay State that these disputes have happened enough that the resulting rule is named after the state. 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. Whether you are a United States senator or an everyday citizen, if you own a house you almost certainly have a yard. © 2020 Illinois Legal Aid Online. Property rights are property rights. . Finally, you can be liable for damages caused by your trees, even if they’re entirely on your property. 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. In that situation, you may […] Trees can be a huge source of contention between neighbors, but as a property owner, you do have certain rights. You may be able to get free legal help. 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. Not so fast. . But, now that you think about it, the limbs on that pear tree are pretty low and pretty numerous. All you have to do is reach up and grab those pears for your lunch. The most recent case to consider jointly owned trees, from 1988, said it all depends on where the trunk enters the ground. 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. 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)). . 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. When a dead tree falls on your property, you likely will clean it up and deal with any damage on your own. Worried about doing this on your own? A statute imposes liability for cutting a tree on another person ' s land without permission. Neighbor B successfully sued Neighbor A for $5,000 in damages. In one case, digging a foundation for a home didn’t make someone liable when that killed their neighbor’s 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). (Your neighbor isn’t legally responsible for reimbursing your deductible; you could sue to recover that amount, but it’s not a sure bet.) 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. Luke v. Scott, 187 N.E. You see, a rotten tree would be a negligent situation and the other landowner would be responsible in a negligence cause of action for failing to maintain the tree properly. Web page addresses and email addresses turn into links automatically. 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. (740 ILCS 185/2.5) Sec. The amount at stake does not matter. (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. The persons involved do not matter. Who owns the tree on both my and my neighbor's property? But once they do, you can sue for compensation, and probably to make your neighbor remove them. What a person’s rights and obligations are as they pertain to their trees or the trees of the neighbors depends upon state law. As for who owns any fruit from the tree… If any part of that trunk crosses the border, it’s a jointly owned tree that one neighbor can stop the other from removing. As a personal aside to my neighbor . Q: We recently got our land surveyed and discovered that our neighbors had planted a row of trees on our property. The cases have their roots in a peculiarly American view of property law. Some treat disputes between neighbors as a special category of legal problems. Spite Fences in Illinois. sorry about all those leaves my tree has left in your yard, but the law made me do it. If a complaint is filed with the town, the town may require you to remove the tree, … The primary issue was whether the injection of poison constituted a trespass. 1933). 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. If you do harm the tree, you could be found liable for up to three times the value of the tree. The weedy trees belong to the business next door. Your neighbor. 2d 765. Cut those limbs yourself and bother us no more. Go ahead and cut those limbs. Neighbors may have affirmative obligations to maintain a common wall or preserve a pathway that gives access to another’s property. This law leads to some surprising results. Best offers for your Garden - https://amzn.to/2InnD0w ----- The Law Regarding Trimming Your Neighbor's Tree. 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. Although neighborhood lawn disputes may only rarely break into a physical altercation, they do turn into litigation with somewhat more frequency. (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. The trunk is on your neighbor’s property, but part of the tree overhangs your property. 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. We simplify the law so you can get justice. ILAO is a registered 501(c)(3) nonprofit organization. The owner of a fallen tree is responsible for the cleanup and any damages caused by the tree. Trees intentionally cut or knowingly caused to be cut on protected land. Neighbors and Trees Trees are a common dispute among neighbors. The client’s neighbor cut down two large trees near the property line without the permission of the client. Put more simply, your use of your property affects your neighbors. 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. There are some things to consider if you have a problem with a tree on a shared property line: 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. Slicing off the part that crosses the property line isn’t allowed, either, if that would harm the tree. Part of the trunk is on my property, and part is on my neighbor’s. Who owns a tree that straddles a boundary line? After the client and the neighbor were unable to work out the dispute, the client represented herself by filing suit in Magistrate Court. And since you share ownership, you can’t cut it down without your neighbor’s permission. 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. In some states, specific laws allow you to recover additional damages if someone deliberately damages your tree. But, these international examples do remind us that it is cooperation and not fences that make the best neighbors. A neighbor can stop the other from removing the tree. So, jointly owning a tree means removal must be a joint project. 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.”. “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. 63 (Ind.Ct.App. It is accepted law in all states that a tree whose trunk stands wholly on the land of one person belongs to that person. The tree trunk 'flare' and tree roots are now contacting and damaging my neighbor's fence. Scottish law similarly has recognized that neighbors owe special duties to each other. Scottish law goes even farther by imposing a positive duty sometimes to help neighbors under a “common interest” doctrine. If your neighbor refuses to do the right thing and address the issue at … 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." Paraphrasing just a little, the judicial opinions read something like this: We are a busy and expensive part of your government. It’s too bad for you. As a personal aside to my neighbor . Use this form to revoke a real estate Transfer on Death Instrument that you have filed with a County Recorder of Deeds. 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. Imagine a pear tree next to your property line. 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. Does your neighbor have the right to cut the branches that are hanging over his property? 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. A: Tree law varies on a state-by-state basis. Illinois Tree Damage Laws. If the trunk stands partly on the land of two or more people, it is called a boundary tree, and in most cases it belongs to all the property owners. Liability From Trees Infringing Upon Neighbor's Fence. Those who illegally trim a tree in Illinois will be fined. In general, the common law adopted in all states is that you have the absolute right to trim any overhanging branches and cut any roots that are growing on your property. Not all legal systems take this approach. What about the falling leaves and other detritus from your neighbor’s tree? 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." That's right, even if the tree is rooted in your neighbor's yard, if it crashes onto your property, it's your problem. A program to prepare a Transfer on Death Instrument to give residential property to your loved ones after your death. Otherwise, it’s OK to remove “encroachments” onto your property. Submitted by Anonymous (not verified) on Tue, 10/23/2018 - 09:05, Submitted by Jeff Cooley on Thu, 08/09/2018 - 11:11. Wait! 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. 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. 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