A tree branching into neighbor’s yard.Whoseresponsibility?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
A tree branching into neighbor’s yard.Whoseresponsibility?
An old and tall tree growing on my propertyhas branches draping into my neighbor’syard. He is complaining, and wants meto trim the branches (a costly expense).Who is responsible for the cost?
Asked on May 24, 2009 under Real Estate Law, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You are under no responsibility to trim the branches on these facts.
If your tree trunk is entirely on your property, there’s not much your neighbor can do if he thinks that the branches may harm his property. But if the branches have actually done some harm, he can sue for damages. A property owner is negligent, and liable, if they don’t use “reasonable care” to avoid damages caused by their trees. What are "damages"? Probably not a blocked view but something like scraped shingles, broken windows, or destroyed landscaping are.
If however at some point in the future one of these branches does cause property damage, or personal injury, it might well be worth your while to pay to have the branches trimmed now. You did say that this is an old tree; chances are one of these branches could break off.
Maybe you both could reach a compromise and share the expense of trimming?
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.