Trees, shrubs, bushes, and other vegetation can be the subject of neighbor disputes. If you are not able to resolve an issue by talking to your neighbor, the law may provide some relief.

For example, if your neighbor’s tree extends onto your property and blocks your view, blocks sunlight, sheds pollen, acorns, leaves, or other foliage—or otherwise interferes with your use and enjoyment of your property—it may constitute a nuisance and you may be able to get help (relief) from the civil court system.

In some states you may have the right to trim a tree to the property line or boundary. But in some states an overhanging tree may have acquired the right to be there through an easement by prescription or prescriptive easement, for example.

But if a tree is on or near the property line and the tree and its root structure extends onto both properties, you generally may not remove it or kill it without your neighbor’s consent. And some municipalities place restrictions on the removal of trees.

Trees with dead or decaying branches can also create liability for a landowner if they fall and cause personal injuries to guests, neighbors, or members of the public—or cause property damage to a neighboring property or motor vehicle, for example.

Laws regarding trees, shrubs, bushes, and other vegetation on neighboring properties may vary from state to state and may be included in a state’s statutes or in its court opinions—also known as common law or case law. And there may be municipal ordinances (laws enacted by local governments in cities and towns) that govern these issues.

In Illinois, disputes over trees and vegetation between neighbors are governed by state law and local ordinances. If a neighbor's tree branches extend onto your property, you generally have the right to trim them up to the property line. However, you cannot damage the health of the tree in doing so. Illinois does not recognize a prescriptive easement for trees, so overhanging branches do not acquire the right to extend onto your property over time. When it comes to trees on or near the property line with roots or branches extending onto both properties, both neighbors typically share ownership and responsibility. Therefore, you cannot remove or significantly alter such a tree without your neighbor's consent. Municipalities may have additional restrictions on tree removal, especially for heritage or significant trees. Regarding liability, a property owner in Illinois can be held responsible if a tree on their property is dead or decaying and causes damage or injury when it falls. It is important to check both state statutes and local ordinances for specific regulations in your area, and consult with an attorney for legal advice tailored to your situation.