Illinois Law About Cutting Trees on Property Lines

Utility Trimming

• In 2001, House Bill 1776 was signed by Illinois Governor George Ryan; this bill is more commonly known as Public Act 94-0214. The law requires utility companies to follow specific guidelines when cutting down trees on a homeowner's property, as well as trees on shared property lines. The utility company must contact the homeowner(s) prior to cutting down any trees, and the company must give the individuals a toll-free number to call for more information. The law stopped utility companies from immediately cutting down trees due to perceived threats to utility lines.

Neighbors' Trees

• In Illinois the owner of a tree is defined as the owner of the property where the tree sits. The largest portion of the tree must sit on the individual's property for the homeowner to be considered the legal owner. If the trunk sits evenly on the property line, then both homeowners are responsible for the tree's maintenance, including cutting or trimming the tree. Both individuals must agree to the trimming, and each homeowner is responsible for any branches that overhang the respective property.

Considerations

• In the 1988 case Ridge vs. Blaha, the court issued an injunction that barred one neighbor from cutting down a tree that sat along the property line. As the property line ran through the tree, the court determined that both individuals were owners of the tree. Even if a large portion of the trunk sat on one person's property, enough of the trunk sat on the other side that it became communal property. In this case, one homeowner does not have the right to cut or remove the tree without prior consent from the other homeowner.

Warning

• Illinois State Code Section 2 imposes penalties for cutting down or removing a tree without prior consent. The maximum penalty for the violation is three times the value of the tree. The Director of Illinois' Department of Natural Resources ultimately determines the tree's value. The Director looks at the size, shape, age and location of the tree in determining its value.