The Trouble with Trees
By: Alex Rechenmacher

Fall has officially arrived! As the landscape changes to the beautiful colors of autumn foliage, we are reminded of the contribution brought by one of the hallmarks of suburbia – our trees. But what can be a great addition can also cause serious neighbor-to-neighbor disputes. As the saying goes, “possession is nine-tenths of the law”, and sometimes one person’s possession may be another person’s problem.

What may come as a surprise to many is that property owners’ rights extend both down below the surface, and above as well. Under Illinois law, your right to the property you own is a three-dimensional concept. Therefore, if the limbs from your neighbor’s tree hang across your driveway, or if the roots extend below to your property, your neighbor may be responsible for any damage.

And of course, damage does not need to occur for there to be a trespass. Illinois property owners are generally entitled to an “undisturbed” full use and enjoyment of their land, subject to the lawful rights of others and the government. You may have legal rights to exercise simply if your neighbor’s tree encroaches on your property.

Now, enforcement of this right can vary widely depending on the particular situation, including the type of ownership the land-owner enjoys, the nature of the encroachment; but most importantly it will depend on the relationship between you and your neighbor. Therefore, the solution could be as simple as asking the neighbor to trim the tree (or, especially at this time of year, rake the trees leaves). Some home owners resort to cutting or trimming the branches which trespass onto their property from their neighbor’s.

Sometimes, problems are more serious. An unmaintained tree limb hanging above your land might cause damage to personal property or to someone visiting your home. This can lead to serious liability issues and insurance concerns. If damage has been done, or if addressing the wayward tree limb yourself would be too costly, you can pursue legal action for the cost of removing the obstruction, or to obtain a court order requiring your neighbor to do it himself.

As always, it is best to avoid these problems in two ways. One, know your legal rights as they apply to your particular situation by reviewing the property rights to your land with an attorney. Two, prevent any problems by speaking with your neighbor before building or planting anything along the property line. And of course, be courteous and respectful, because they know where you live!