Legal Question in Real Estate Law in Illinois

My house has a deck in our backyard. Our neighbors illegally put big pieces of food out in their yard for animals to eat. Two times we have had an animal live under our deck because of the food. Now we have a third animal living under our deck and will have to pay to have it removed. Since our neighbors put out the food which drew the animal to our deck, would they have to pay for the removal or would we?


Asked on 7/06/11, 3:30 pm

2 Answers from Attorneys

terrence rubino rubino ruman crosmer smith and sersic

this may not be what you want to hear. you are going to have to pay for it. having a bad relationship with a neighbor is annoying and uncomfortable so i would do my best to try and reach out. remember everyone thinks they are right and wants to be treated with respect. therefore try not to be accusatory or attacking their self-worth.

theoretically, some lawyer could charge you to sue the neighbor. the neighbor then gets a lawyer too. now both lawyers are having a picnic with both of you. meanwhile both of you become increasingly angry and it starts affecting other things in your life.

ps - sounds like racoons. there are have a heart traps. they are easy to catch and release in a forest preserve. put some wire, fencing or barrier so they can't get under the deck. they will find some other place which might be your neighbors yard.

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Answered on 7/07/11, 9:59 am
Thomas Moens Moens Law Offices, Chartered

It is most likely unlawful for you to trap animals in such a circumstance. You should call a wildlife control operator if this remains a problem for you.

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Answered on 8/31/11, 1:56 pm


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