In Illinois, the law generally allows trimming branches that overhang your property line. You are responsible for the costs of this maintenance. However, be careful about not killing the tree or crossing the boundary of your neighbor’s land.
Read this guide to understand the legal rights. This information helps you maintain property safely without facing expensive legal disputes.
How to Decide the Responsibility of Cutting Overhanging Branches?
Tree cutting involves the selective removal of specific sections of a tree, such as branches or buds, to improve health.
The Trunk Location Principle
The owner of the land where the trunk sits holds the primary responsibility for the tree cutting service. If a tree grows entirely on your neighbor’s soil, they own it. You only gain responsibility when its limbs cross the vertical boundary line.
Boundary Line Trees
Trees growing directly on the property line, like a shared Bur Oak, belong to both parties. Illinois law treats these as joint property. You cannot trim these without a mutual agreement. Sharing the cost between two neighbors is a common practice in such cases.
Hazard and Safety Negligence
Liability shifts if a tree becomes a documented hazard to your safety. If a rotting Black Locust poses a falling risk, the owner needs to act. Failure to maintain a dying tree makes the owner liable for any resulting property damage. If your neighbor has a hazardous tree, you should politely ask your neighbor to trim the tree.
Local Municipal Ordinances
City codes in places like Chicago or Peoria might dictate specific pruning heights. Some areas require you to keep branches at least 8 to 10 feet above sidewalks. Local inspectors can issue citations if a tree obstructs public right-of-way paths.
Right to Self-Help
Illinois recognizes a “right to self-help” for encroaching vegetation. You can cut away nuisance limbs to protect your roof or garden. Just ensure the cuts do not cause the tree to lean or die. Doing so might trigger a lawsuit.
