No matter which side of the fence you're on, it's worth knowing where you stand legally. Even so, the law only grants you permission to remove them back to the dividing line or border. And since you share ownership, you can’t cut it down without your neighbor’s permission. Illinois state law and local ordinances place the responsibility for maintenance of a boundary fence separating two properties on the owners that use the fence. A balancing test will be applied to weigh the negative effect on the aggrieved landowner's use and enjoyment of their property against the value of the structure to the fence owner. Search, Constructed from rails, timber boards, stone, hedges, barb wire, woven wire or whatever the fence viewers of the town or precinct state is appropriate, Must be sufficient to prevent cattle, horses, sheep, hogs and other stock from getting on the adjoining lands of another, A division fence is one separating the land of 2 of more persons, Each person must make and maintain a "just portion" of the fence, A hedge fence cannot be more than 5 feet high. Such structure may also be addressed as being in violation of local ordinances, zoning codes, or homeowner's association regulations. Laws on Overhanging Tree Branches. Written notices to remove overhanging branches. As discussed in our article on nuisance, property owners have certain duties to maintain and utilize their property so that it does not constitute a nuisance for either other property owners nearby or the public. If your neighbor doesn't remove the dangerous tree, and the tree does in fact cause damage, your neighbor can be held liable. Neighbors' Responsibilities for a Common Fence Illinois state law and local ordinances place the responsibility for maintenance of a boundary fence separating two properties on the owners that use the fence. Illinois' Fence Act was drafted to clarify issues common to those with large tracks of farmland or living in rural, unincorporated regions. To remove the tree, both property owners must consent. Internet Explorer 11 is no longer supported. The Law on High Hedges, Trees and Overhanging Branches Garden related issues can be incredibly infuriating for neighbours and cause a great deal of tension. Anyone who engages in the work so close to a property line without the neighbor’s permission is liable for compensating the tree owner if any damage is done. Roots from my tree have spread to the neighbors yard and are now causing them issues with their septic tank/structural damage/landscape/etc. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. This guide covers the factors that go into tree trimming (pruning) and will help you make a more informed decision about hiring a professional tree service. Overhanging trees affecting telephone wires, this is affecting my self and a number of neighbours Hello Not sure if this is the correct forum to raise this, however there are a number of mature and very tall trees in the garden and area behind my property on Morecambe Street in Morecambe. This chart provides a summary of key Illinois laws relevant to property line and fence disputes. If the tree was already in need of pruning, and the damage could have been avoided, the neighbor can be found responsible for damages. 3. Who is responsible for the tree? 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