Tree planted a foot from property line

Illinois

Neighbor planted a tree 12" from property line. I know that we can't legally ask them to move it. We are sending a letter into the county stating our concern and stating that if the tree trunk begins to grow on our lot, that we will want for it to be removed.

Can we do more then just the letter? The neighbors know where the lot pins are since we paid to have them located. We voiced our concerns with them and we are trying to avoid any issue in the future, but they are not moving it. There are lot of issues that can arise if this tree remains in its current location.

Please, what can we do to get this tree moved now, rather then having the possible issue arise in the future?

Thank you,
DawnWhat is the name of your state (only U.S. law)?

corfaml4 said:

Illinois

Neighbor planted a tree 12" from property line. I know that we can't legally ask them to move it. We are sending a letter into the county stating our concern and stating that if the tree trunk begins to grow on our lot, that we will want for it to be removed.

Can we do more then just the letter? The neighbors know where the lot pins are since we paid to have them located. We voiced our concerns with them and we are trying to avoid any issue in the future, but they are not moving it. There are lot of issues that can arise if this tree remains in its current location.

Please, what can we do to get this tree moved now, rather then having the possible issue arise in the future?

Thank you,
DawnWhat is the name of your state (only U.S. law)?

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Sorry Dawn, the tree is on the property of the neighbor, and thats that. You shouldn't have even send a letter to the town, its not like they are going to swing by and make the neighbor move it.

Get over yourself, and try to not be so controlling of things you have no control over.

If the tree grows onto your lot, you still cannot have it removed, and if you do anything to the tree to kill it (like cutting the trunk thats on your property) you are liable and can be sued.

corfaml4 said:

Illinois
There are lot of issues that can arise if this tree remains in its current location.

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Such as?*

Have you spoken to the neighbor rather than going straight to the county?

*Even a fast growing tree isn't going to add more than 1/8-1/4" or so on each side per year, so at that rate most of us here will be dead by the time there's any encroachment.

I'm not trying to be controling nor am I trying to be a mean person. I did speak with my neighbors and voice my concerns (before going to the county), but they don't seem to understand my point. I'm only trying to save my investment. I invested in planting five dwarf evergreens last year (15 feet from the line), and because they planted a willow near them, my trees will be effected by it. I'm trying to save my trees along with their tree. By the way, there is a five foot planting ordiance due to utility easment, so going to the county, after voicing my opinion, was not wrong.

The fact that it is a willow and they are know to destroy water and sewer pipes, is cause for concern. Especailly if there is a good chance that tree could be on your property in a matter of years.

FYI, a willow is a very fast growing tree. I've lived here for 8 years, and have seen a row of 4 go from being 3 inches in diameter to being over a foot now. So don't tell me that I will be dead before any encroachment happens because that is not the case. I had a maple tree put in at 2" four years ago, it is now 7". So this tree trunk has a chance to encroach onto my property within my lifetime.

corfaml4 said:

I'm not trying to be controling nor am I trying to be a mean person. I did speak with my neighbors and voice my concerns, buth they don't seem to understand my point. I'm only trying to save my investment. I invested in planting five evergreens last year, and because they planted a willow near them, my trees will be effected by it. I'm trying to save my trees along with their tree. By the way, there is a five foot planting ordiance due to utility easment, so going to the county, after voicing my opinion, was not wrong.

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Here's what I see:
A person plants FIVE trees. Evergreens, no less. They don't lose their "leaves," so to speak. In other words, they block the sunshine year-round.

Their neighbor plants ONE deciduous tree on his/her property. Five-Tree-Planter thinks that a single deciduous tree next door will "effect" her five evergreens.

I like how the easement magically appeared

so corfam, here is the solution. Put up 1 section of fence just on your side of the property line next to the tree. When the tree damages the fence, sue the neighbor and seek an injunction ordering the tree be removed as it is damaging your fence.

until then, enjoy the shade.

justalayman said:

so corfam, here is the solution. Put up 1 section of fence just on your side of the property line next to the tree. When the tree damages the fence, sue the neighbor and seek an injunction ordering the tree be removed as it is damaging your fence.

until then, enjoy the shade.

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NOt a bad idea, but if I'm the tree owner I might sue for the fence damaging my tree.

http://farm4.static.flickr.com/3356/3516529911_2a8baed707.jpg

As for growth, that maple will slow down. But even at the rate you cite that's 2.5 inches per 4 years (half the growth is the other direction). That means ~20 years before it reaches 24" in diameter, or gets 12" closer to your property line.

Thanks for all the input. I really just want to avoid future issues. If they want to keep it there, then so be it. But they're going to find that I will be trimming any branches that hang over.

Flat out question...Would submitting a letter (stating the concerns I have and the fact I have voiced them) along with photos help and assure a possible case in the future if it were to come to that?

corfaml4 said:

Thanks for all the input. I really just want to avoid future issues. If they want to keep it there, then so be it. But they're going to find that I will be trimming any branches that hang over.

Flat out question...Would submitting a letter (stating the concerns I have and the fact I have voiced them) along with photos help and assure a possible case in the future if it were to come to that?

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Not really, because it's not presently a hazard to which you are calling their attention. You write a letter when there's a dead/dying/dangerous tree to demonstrate the neighbor knew of the potential risk. Here the "risk" is that one day the tree will grow onto your property any may invade your sewer. It's speculative, not concrete. The equivalent would be writing a letter to say "you have a tree that may one day rot and drop a branch on my roof". Doesn't provide you any value.

But if it helps you vent and you don't care about antagonizing the neighbor, go ahead. But you may end up with 2 more willows 12" from your property.