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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption