Legal Question in Real Estate Law in Illinois

A 3-feet wide strip of our lot is outside of our fence and falls on the neighbor's side. The fence was installed before we bought our house 20 years ago. There is a huge, old tree on this strip that is leaning dangerously on neighbor's house.

Please advise if I am legally responsible to remove this tree or get it trimmed?


Asked on 11/19/10, 10:40 am

1 Answer from Attorneys
Walter Palmer Law Office of Walter Palmer

You are responsible for what is on your property. Normally, people build fences on their property line, but sometimes they build fences in the middle of their property. If part of the tree is hanging over the lot line, then your neighbor is responsible for what leans over the line. If it is leaning on your neighbor's house then it is clearly over the line, unless the house has been partly built on your land.

May I suggest that you both agree to have the tree cut down (if it is leaning on the house, it is going to fall over when the branches on the house are removed) and spit the cost fifty-fifty? It seems to me that you both have an interest in removing the tree and the tree is partly on each of the parcels.

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Answered on 11/24/10, 12:31 pm


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