Neighbor’s Tree

UPDATED: Oct 1, 2022

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Neighbor’s Tree

I live in Illinois. My neighbor’s have a
tree whose limbs and branches hang on
the electric wire in my yard. My power
company says it’s private property and
they are not going to pay to have the
limbs cut nor move the utility pole. My
neighbor’s also refuse to do anything.
With it resting on the electric wires,
it’s a fire electrical hazard but my
fire department and the county says that
cannot do anything because i live just
outside city limits. With the rain and
snow on the branches it is even more
dangerous because it weighs the limbs
even more down upon the electric wire.

The TREE is in my neighbor’s yard and no
branches touch down on my property that
i own, do i have any rights to trim the
branches? Any other suggestions would be
GREATLY associated appreciated
Thank you

Asked on September 21, 2018 under Real Estate Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

So the trunk of the tree is completely on your neighbor's property correct?  None of it is on your property.  However, the limbs have grown so that they hang over on to your property.  Assume that there is a fence dividing the property and if you extend the fence upward (in an imaginary line) the tree limbs cross over in to your side.  Then yes, you can trim those tree limbs that encroach on your property even if they do not touch your property.  You can not do anything, though, to damage the tree.  Also, I would call the electric company again and send a letter by certified mail and let them know the tree is leaning on the lines and has the potential to cause damage.  But trimming is perfectly ok.  Good luck.

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 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.

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