• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Tree and fence encroachments - IL

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

luvmyyard

Junior Member
What is the name of your state? Illinois

My neighbor with whom I share a backyard boundary has several trees and a fence that encroach upon my property. He planted the trees years ago, but in a location where they are denied natural sunlight during the latter part of the day because of a very large tree, also on his property. Over the years, the trees grew at a severe angle toward his fence at the back of his lot, which borders my yard. The trees push against the fence, causing it to lean over my yard to the extent that I must duck to mow the last two swaths of my grass. Also, the trees have grown over the fence and all of them have branches that hang over my property. Some of them actually have the primary trunk of the tree reaching over my yard. Some of the trees can probably be trimmed back without killing the tree, but others would probably die if all of the overhanging branches were removed, as would the two trees that have most of their trunk over my yard. These are fir trees that constantly drop pine cones onto my grass and limit the amount of sun my grass receives.

I want him to remove the two trees that would certainly die if trimmed back, and I want him to trim back two more. I am willing to let four other trees be left untouched because they are overgrown on a area behind my yard shed that has pea gravel that I use to store firewood.

I also want him to fix his fence so that it doesn't lean over the property line.

He refuses and is being quite belligerent about it.

Can I exercise self-help and trim back the trees, or would I be liable for the certain damage to at least two of the trees.

Does Illinois statute and case law stand on my side should I pursue this in court?

Thanks for your thoughts and guidance
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top