Legal Question in Real Estate Law in Illinois

Tree overhanging driveway and home

I live in Lake County, Il. My next door neighbor has 2 black walnut trees that lean directly over my property. My driveway, garage, home and deck are under constant assault of this tree (falling branches and golf ball sized walnuts. The black walnuts fall and stain any thing they touch black as well as leave dents in my car if it is parked anyplace under the tree, which approx 100+ ft. diameter above my property. I saw stars after being hit in the head by a falling walnut, while out in my drive. In Oct, 2005 I attempted to have the trees trimmed, however the next door neighbor is an attorney and she asnwered my phone call with a letter stating she would sue me under the ''Ill. Tree Clearing Act'' for three times the amount of the ''high monetary'' value of the trees. Both trees lean directly over my home, drive and garage. If I did cut them back at the property line, there would be little left and they very well might die. I cannot enjoy my deck, my home is dark (no natural light) and my cars and family are always at risk. The neighbor had the trees trimmed, w/ asst of my attny, however it still overhangs everything, just higher. She told me to park my cars in the garage to protect them. My attrny, states ''the law is gray''


Asked on 8/31/06, 9:24 am

1 Answer from Attorneys

Charles Dobra Charles Wm. Dobra, Ltd.

Re: Tree overhanging driveway and home

You need a more aggresive attorney who practices in Lake County.

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Answered on 8/31/06, 11:52 am


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