If there is a tree that is 90% on my property and 10% on my neighbor’s property, who owns the tree?

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If there is a tree that is 90% on my property and 10% on my neighbor’s property, who owns the tree?

Asked on July 23, 2011 Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What part of the tree straddles the property lines of the two parcels? The trunk as a whole, or is the trunk all on your side and some branches extend over your neighbors property?

If only branches extend over your neighbor's property of the tree, the tree is on your property and you own the tree. Howver, the neighbor can prune the branches over his property's airspace so long as he or she does not harm the tree.

If the trunk of the tree straddles the property lines of both properties, both owners own the tree. If this is the situation, neither of you can do anything to the tree that harms it without the other owner's permission.

Good question.


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