Percentage Relevant Re Boundary Tree Disposal?

[Dusty]

Hello, I have a question regarding property lines and trees. We have a diseased Dutch Elm Tree that is over 80 years old, that is located near our property line. The trunk of the elm tree is approximately 10 % on our land and 90% on the adjacent land owner. The tree is forked so that it is especially vulnerable to disease and unfortunately has contracted Dutch Elm disease and will need to be removed. The limbs are almost exclusively over the adjacent property (approx 95%). The adjacent property owner has until recently been the total caretaker of this tree and has expended money on curative injections to ward off dutch elm disease. I anticipate the need to have this very large tree cut down this summer. What percentage of the cost of its removal will I need to share? Would it be 10% or 50% or none at all? I reside in the State of Illinois. Thank you for your advice in advance.

 

[freebird]

Originally posted by Dusty
Hello, I have a question regarding property lines and trees. We have a diseased Dutch Elm Tree that is over 80 years old, that is located near our property line. The trunk of the elm tree is approximately 10 % on our land and 90% on the adjacent land owner. The tree is forked so that it is especially vulnerable to disease and unfortunately has contracted Dutch Elm disease and will need to be removed. The limbs are almost exclusively over the adjacent property (approx 95%). The adjacent property owner has until recently been the total caretaker of this tree and has expended money on curative injections to ward off dutch elm disease. I anticipate the need to have this very large tree cut down this summer. What percentage of the cost of its removal will I need to share? Would it be 10% or 50% or none at all? I reside in the State of Illinois. Thank you for your advice in advance.

I don't know that there is any hard and fast rule. I would think that if the tree is primarily on the neighbors land then it is the neighbor's responsibility and he had an easement for the tree on your land. I could be wrong and you'd probably best work it out with the neighbor if you are asked... otherwise say nothing!

 

[NYClex]

There are conflicting court decisions: in some cases courts tried to apportion the value or costs, in others they simply decided: if the tree is on the boundary line, each neighbor pays half, even when the tree was not exactly 50-50% on the line.