Trees are beautiful, welcome additions to a property, but they can create legal problems for home owners. If limbs from a homeowner’s tree hang across a neighbor’s driveway and block the view, the neighbor has legal recourse. Additionally, if a homeowner has planted trees between his or her driveway and the neighbor’s driveway and the tree roots grow into the neighbor’s sewer, the homeowner may be legally responsible for damages. These are just some examples of the problems that may be caused by trees on private property.

According to the Illinois State Bar Association, the owner of property is entitled to undisturbed occupation and enjoyment of that property, including the free use of it as he or she wishes, subject to the lawful rights of others and to the proper exercise of the state's police powers. These rights to property extend both underground and above ground to an unlimited extent.

Generally, trespass, as it relates to the above-mentioned questions, can include the interference with a neighbor’s use or enjoyment of his or her own property whether or not actual physical damage occurs. Simply allowing something, a tree in this case, to encroach upon another's property could be considered trespassing.

The solutions to such problems vary according to individual circumstances. For instance, it is within the law for a homeowner to cut branches or any other plants which trespass from a neighbor's property, provided that the homeowner uses reasonable care in their removal and does not become a trespasser in the process. If damage has been caused by trespassing trees or the removal of the offending branches will be costly, a homeowner can seek recourse by suing in small claims court for damages done to his or her property. One may also sue for the purpose of obtaining a court order requiring the neighbor to remove the cause of the problem.

The Illinois State Bar Association suggests that prevention may be the best solution. Neighbors should communicate with one another before planting trees near property lines or adding other structures to adjoining properties that may pose problems. If a neighbor has done something to his or her property, which may cause future problems, it is advised to try to discuss the issue, particularly in terms of possible liability for damages or intrusions that may occur in the future.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.