What are my legal rights pertaining to my neighbor’s Cottonwood tree realeasing its “cotton” during the summer

UPDATED: Jun 23, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 23, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my legal rights pertaining to my neighbor’s Cottonwood tree realeasing its “cotton” during the summer

We live in suburban Chicago and my neighbor has an enormous tree that produces this persistent “cotton-like” discharge that is not only all over my lawn, flowers, etc. but gets into my house, garage, cars, etc. The tree is officially deemed a “nuisance” tree by our village but I don’t imagine I can force them to remove it. My questions is, can I hold them resposible for cleaning up my yard, home and vehicle interiors?

Asked on June 23, 2009 under Real Estate Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

No. Shedding leaves, seeds, or others is just what trees do. There is nothing negligent or deliberately tortious criminal (such as vandalism or trespass) in a neighbor's tree releasing natural tree materials. Without negligence or a deliberate improper act, there is no liability. Putting  up with this sort of thing is, unfortunately, part of suburban living.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption