This act provides for treble damages in the event a party cuts a tree “which he did not have the full legal right to cut or caused to be cut.”1 If the roots or branches have damaged the client's property, the attorney may wish to file suit for damages.
through the doctrines of adverse possession or boundary by acquiescence. The remaining four counts sought (1) damages for trespass, (2) damages for violations of the Fence Act ( ILCS /1 to 21 (West )), (3) damages for violations of the Wrongful Tree Cutting Act ( ILCS /1 to 7 (West )), and (4) injunctive relief. Illinois Tree Damage Laws. In Illinois, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree).
(To learn what you must prove in order alex tree lopping get actual damages, see Nolo's article When a Neighbor Damages or Destroys Your Tree.) In some states, specific laws allow you to recover additional damages if someone deliberately damages your stumpcut.bar: Emily Doskow, Attorney.
Fortunately, the victims of wrongful tree cutting here in Illinois have several options of recourse when it comes to timber theft/trespass. Part of this Act states that the offended party shall be awarded “treble stump damages” - in other words, the individual who illegally cut your trees shall pay the offended party three times the appraised value of the timber that was wrongfully cut.
I am sending the adjacent landowner a follow up letter as well as the wrongful tree cutting law so they can review it in an attempt to get them to meet with me so we can resolve the issue in the least costly way.
I do not agree with backing off a property line due to possible adverse possession issues, but am more the willing to accommodate.