Overhanging trees can create legal problem for homeowner
Trees are beautiful, welcome additions to most homeowners' yards, yet they can create legal problems for home owners and neighbors alike that involve the concepts of private property and trespassing. If limbs from a neighbor's tree hang across your driveway and block the view, you have legal recourse. If a neighbor planted trees between your two driveways and the tree roots grow into your sewer, your neighbor may be legally responsible for the damage.
According to the Illinois State Bar Association, the owner of property is entitled to undisturbed occupation and enjoyment of that property, including the free use of it as he or she wishes, subject to the lawful rights of others and to the proper exercise of the state's police powers. These rights to property extend both downward under the surface and upwards to an unlimited extent.
Generally, trespass, as it relates to the above mentioned questions, can include the interference with possession and enjoyment of another's property whether or not actual physical damage occurs, simply by allowing something to encroach upon another's property.
The solutions to such problems vary according to individual circumstances. For instance, it is within the law to cut branches or any other plants which trespass from your neighbor's property to yours, provided you use reasonable care in their removal and do not become a trespasser yourself in the process. If damage has been done or the removal of the offending branches will be costly, you can seek recourse by suing in small claims court for damages done to your property or by suing for the purpose of obtaining a court order requiring your neighbor to remove the cause of the problem.
The Illinois State Bar Association suggests that prevention may be the best solution. Get together with your neighbor before planting trees near boundaries or adding other structures to your property that may pose problems. If your neighbor has done something to his or her property which you foresee as a problem, try to discuss the issue, particularly in terms of possible liability for damages or intrusions which may occur in the future.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.