Can I cut out trees or any portion thereof or replace any or all of my portion of a line fence between a rural neighbor and I?

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Can I cut out trees or any portion thereof or replace any or all of my portion of a line fence between a rural neighbor and I?

The line fence is 1/2 mile long. The west half (to my right standing at the midpoint in the fence) is mine. I would like to doze out a section (in front of my lawn/home) which would require removing all trees in the near proximity (2-3 feet over on neighbors side) of this section of fence and replace that with either a new fence or a row of shrubs. My neighbor has given me verbal permission to do this. Also, can I remove trees close to but on my side of the entire fence line and remove branches that hang on my side over the center line of the fence? My property is agiculture/cropped.

Asked on September 29, 2011 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Before you remove any trees on your neighbor's property, you need to get the permission from the neighbor in writing (dated and signed) specifically stating what you can do and where you can do it. It is best if you have a map showing where you can do the tractor work on the neighbor's property. You also need to specifically state what is expected of you with respect to the tractor work to be done.

This permission in writing needs to be signed by the neighbor before any work is started in order to safeguard your interests in the event that a dispute arises later on between you and the neighbor over what you intend to do.

Good luck.


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