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I'm a Realtor in the state of Illinois. I have a listing…

Customer Question
I'm a Realtor in...

I'm a Realtor in the state of Illinois. I have a listing where approximately 6 inches of the trunk of a large tree straddles the the property line. The owner of the property I have listed has had the tree examined by an arborist and it was determined the tree is a high risk and should be removed. The tree appears to have been struck by lightning and is hollow inside. The trunk has begun to decay.The neighbor does not want the tree removed. Can the owner in which the majority of the tree resides have it removed without the neighbors permission.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Illinois

Lawyer's Assistant: Has any paperwork been filed?

We have the arborist report and a survey was done this past Monday do determine if the tree is indeed on the property line. As I mentioned, about 6 inches of the base of the trunk is on neighbors property. About 12 inches up, it is clear the majority is on my Clients property.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so.

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
12/9/2017
Real Estate Lawyer: Ray, Lawyer replied 4 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 46,334
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Real Estate Lawyer: Ray, Lawyer replied 4 months ago

Your client here can legally trim or take down anything on his side of the property.He cannot take out anything on neighbors property.Here you may have to be happy trimming down the client's side legally thats what is allowed nothing more.

Reference

https://www.illinoislegalaid.org/legal-information/who-owns-tree-both-my-and-my-neighbors-property

All you can do is explain to buyer that you took down what you could according to the law.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Category: Real Estate Law
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