Legal Question in Real Estate Law in Illinois
Just past the back edge of my property is a beautiful 100 yr old 100' elm in good condition, 4 feet behind it is a creek. For no apparent reason the city has decided to cut it down, but they cannot access it without going onto my property. Can I stop their trucks if they trespass?
2 Answers from Attorneys
Probably not. I suspect that they have an easement.
They might or might not have an easement where the tree is located. Even if there is an easement, it does not automatically mean they can cut down the tree. It would depend on the purpose of the easement, and the reason they are removing the tree. They cannot simply cross your property to get to it, unless they have an access easement across your property, which I sincerely doubt they have. You should contact your alderman (or other city representative), and you may need to hire an attorney. Good luck.
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