If atree in my yard has a trunk that is 90% on my yard and 10% on my neighbor’s yard, am I legally responsible for the damage and limb removal from their yard?
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If atree in my yard has a trunk that is 90% on my yard and 10% on my neighbor’s yard, am I legally responsible for the damage and limb removal from their yard?
In a recent storm a limb that originally hung over my neighbor’s yard fell into their yard causing damage.
Asked on July 26, 2011 Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If the tree that dropped a limb on your neighbor's property had its trunk 90% on your property line and 10% on your neighbor's property line and the limb that dropped landed on your neighbor's yard, you are not responsible for any damage repair or limb removal.
Your neighbor would be resonsible for repairing the damage on his property and removing the downed limb.
As to pruning and maintaining the tree, you can do such to limbs and parts of the tree on your side of the property line provided you do not damage the tree. The same holds true for your neighbor.
However, unless you have permission from your neighbor and he/she from you, the other can only prune branches of the tree only on your side of the property.
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