If there is a tree that is 90% on my property and 10% on my neighbor’s property, who owns the tree?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
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.