Legal Question in Real Estate Law in Illinois
What legal right do I have to trim neighbor's tree
My neighbor allowed a buckthorn bush get over-grown and insists on allowing it to be a tree (versus a bush) resulting in branches that overhang my property. I trimmed them back to my property line, and he is now asking for $6000 or he will press criminal charges (for vandalism) and take me to court.
I can't talk to neighbors or they will call police (they have once already), and they are unwilling to compromise. They just want me to cease and desist touching their tree
I believe I have legal right to trim the tree back to my property line. Are there any Illinois statutes that grant me this right.
2 Answers from Attorneys
Re: What legal right do I have to trim neighbor's tree
There are no statutes that I am aware of. However, you might want to check your local town or coity ordinances. Also, case law indicates that you have the right to trim back the tree to the proerty line. However, the law is a bit unclear as to whether you may go onto your neighbor's property in order to do this. Also, if the trimming actually causes damage, you might have some liability. good luck.
Re: What legal right do I have to trim neighbor's tree
You do have a right to trim the tree back off of your property and that is all. He does not have grounds for suing unless you damage the tree
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