Illinois treats trees straddling the property line as jointly owned, so removal takes both neighbors’ agreement — here’s how the law works and what to do.
In Illinois, you generally can’t remove a tree on the property line without your neighbor’s consent. Courts treat boundary-line trees as jointly owned, so removal needs a joint decision — and cutting one without agreement can make you liable for damages.
⚡ Quick Facts
- Ownership test: If any part of the trunk touches the line where it enters the ground, both neighbors own the tree.
- Removal rule: Both owners must agree — one neighbor can’t remove a boundary tree alone.
- Penalty risk: Cutting without the legal right can mean paying up to 3× the tree’s value (Wrongful Tree Cutting Act, 740 ILCS 185).
- Overhanging branches: You may trim them back to the line at your own expense — but you can’t kill or seriously harm the tree.
- Best move: Put every agreement in writing before any work starts.
General information only — not legal advice. Talk to an Illinois attorney about your situation.
Once both neighbors agree, find out whether you need a tree removal permit in Peoria before work begins, and read up on Illinois tree law and neighbor disputes for the legal fine print. Peoria Tree Removal Co. performs tree removal in Peoria, IL on jointly-owned boundary trees — get the agreement in writing and a free estimate before the first cut.