Legal Question in Real Estate Law in Illinois

bush maintenance and property line

We moved into our house ten years ago and our neighbors ensured that it was our responsibility to maintain the shrubs on boths sides of the property line - We had a lawn service and just always did it and did it nicely. Recently our neighbor moved away and we have new neigbors, we have been friendly but rarely see them as it is cold winter. Yesterday my husband said hello and the new neighbor went after him on when we were trimming the shrubs, and was very aggressive as the shrubs are a pain for them and scratching their car. First of all, we dont really know who ever planted these shrubs in the first place. Is it our responsibility to continue to maintain the shrubs on their side of the property line? Do we have to jump everytime they make a request? We normally dont prune in February, and we did professionally at the end of last summer. If they want to put up a fence, is it our responsibilty to remove the shrubs? We woudl like to maintain a friendly relationship, although it started off already tainted as they were pretty unfriendly regarding the shrubs. Please offer some guidance. I dont want to take on unnecessary expenses nor do I want to invite them to take care of their side if it is truly our responsibity Thx


Asked on 3/07/09, 10:12 am

1 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: bush maintenance and property line

Did you ask your former owner who was responsible? You may have been a bit gullible. Most neighbors share the responsibility on border hedges, usually alternating the trimming.

Do you have a survey?

If the trunks of the bushes are on the property line, it is their responsiblity to do their side. If the trunks are on your side, it's your responsibility, although they have the right to do.

The opposite is true if the trunks are on their property.

They also have a duty to mitigate damages if their vehicles are being scratched, they can trim their side back.

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Answered on 3/07/09, 10:24 am


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