Illinois law allows a homeowner to cut branches from a neighbor's tree if the branches cross the legal property boundary without authorization. This is provided that they take reasonable care when removing the branches and do not enter the pruning process without authorization. The Supreme Court was addressing a controversy over whether an adjacent landowner had committed a search when he picked pears from the branch of a fruit tree that stretched over his property. The Supreme Court held that if the branches protruded from a border line, non-owners would be allowed to remove them if they considered them a nuisance.
However, that same neighbor (non-owner) would not be allowed to convert those branches or the fruit of those branches for their own use. As a warning, removing branches that harm the overall health of the tree may result in liability for the party that removes it. Each of you should be careful not to take any action that could harm the tree as a whole, such as digging up the roots or placing hazardous chemicals that could kill the tree. Even if the trunk of the tree is on your neighbor's property, anything from the tree that falls on your property is your responsibility.
Trees whose trunks are within the boundaries of your property are considered part of your property and are therefore your responsibility. However, you should take care that any maintenance you perform on the branches of the tree does not damage the rest of the tree. The location of the tree trunk determines if a tree is a bordering tree, not the roots or branches. In the rare event that the trunk of the tree is located right in the middle of the boundary between you and your neighbor, then it will be a mutual responsibility to care for the tree.
Residents who need tree pruning services, such as the removal of branches damaged due to the storm or construction, low hanging branches or to clean streetlights and obscured stop signs, can call 311 or apply online. Border trees can lead to neighborhood disputes; it's important to know your rights before taking any action to remove a border tree.
