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Showing posts from December, 2010

Illinois Supreme Court Denies Leave to Appeal in Four Home Repair and Remodeling Act Cases

I previously noted here that the Illinois Supreme Court's November 2010 Docket included petitions for leave to appeal for four recent cases involving the Illinois Home Repair and Remodeling Act (the "HRRA).  Here are the four cases:

Artisan Design Build v. Bilstrom , ILSC No. 109371, discussed here.
Fandel v. Allen, ILSC No. 109887, discussed here.
Roberts v. Adkins, ILSC No. 109909, discussed here.  
Universal Structures, LTD. v. Buchman, ILSC No. 110842, discussed here.


On November 24, the Court denied leave to appeal to all four.  For Artisan Design Build, Fandel, and Universal Structures, this means that the decision of the appellate court is final (although these cases are not necessarily over, depending on the disposition of each case at the respective trial courts).  For the Roberts case, however, the Supreme Court directed the Third District Appellate Court to vacate and to reconsider its judgment in light of its recent holding in K. Miller Construction Co. v. McGinnis, IL…

Overhanging Tree Limbs - If You Own the Tree, You Own the Limbs

This post has been updated.  See the new post here.

Lawyers are often asked about liability issues regarding trees along neighboring properties.  Depending on which neighbor is asking, the question goes like this:

A.   I own a tree that has branches extending over my neighbor's property.  My neighbor wants me to cut it down or trim it back.  Do I have to do so?  If the branches break and fall, am I responsible for damage caused to my neighbor's property (or injuries)?

or

B.  My neighbor's tree has branches that extend over my property.  I have asked them to cut it down or trim it back, but they refuse to do so. What recourse do I have?

The general rule is if you own the tree, you own the limbs, and if the tree limbs extend off your property onto your neighbor's property, your neighbor has a right to remove those limbs up to the property line.  Secondly, if a tree is on your property and a limb falls from that tree and damages your neighbor's property or injures some…