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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
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.
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