Trees on Private Property

Leyden Township does not regulate trees that are on private property.

Who Owns the Tree?
Under Illinois law, ownership is determined by the location of the tree trunk.

Overhanging Branches & Roots
The law allows residents to cut, trim or prune overhanging branches and roots that spread onto your property from your neighbor’s property. However, you may not trespass on your neighbor’s property, and Leyden Township recommends you consult an arborist before performing any work to ensure you’re not damaging the tree.

Hazardous Trees
Leyden Township recommends communicating with the neighbor if there is a concern about a nearby tree on private property that might be a hazard. If a neighbor refuses to cooperate, a homeowner has the option of hiring legal counsel to assist in gaining compliance or obtaining a court order.

Leyden Township recommends that residents seeking remedies for a hazardous tree on private property retain a personal lawyer, and in some cases, an arborist, to provide detailed options and advice related to resolving the issue.

Dutch Elm Disease
It is the homeowner's responsibility to promptly remove and dispose of diseased/infested trees. Please refer to the Cook County Code of Ordinances, Chapter 86 - Vegetation, Article II for more information.