Foreclosure in Wonder Lake>Question Details

Tom, Home Owner in Wonder Lake, IL

The neighbors house is in foreclosure & their trees are damageing our home. Doese the bank have to take care of this now?

Asked by Tom, Wonder Lake, IL Tue Nov 9, 2010

This is an on going issue with this neighbors and many more, to many to list. the Bank is: Deutsche Bank Natl.

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In most states, property rights begin with the vertical plane. In other words, if the neighbors tree limbs are interfering with your house, you should be able to cut them off at your fence line (or property line). You could not cut down the whole tree, just the offensive limbs -THAT ARE ON YOUR SIDE. You shouldn't have to ask the bank or the neighbor or the agent. You might want to verify the Illinois statutes, but it just doesn't make sense if the tree limbs are on your side of the property.
0 votes Thank Flag Link Tue Nov 9, 2010
Good Luck...this usually never gets taken care of...I've seen houses sit for 2 years without a roof...much less one with a branch hovering in a neighbor's yard ( no offense). Another option, though, would to be to talk with the REO cleanout company working the house. They can turn in a bid and explain to the bank that it needs to be removed. The problem with banks is that they never see 99% of these homes and rely on realtors and REO cleanout companies to keep them informed on the status. I wish you well.
0 votes Thank Flag Link Tue Nov 9, 2010
You try filing a complaint with your local town, especially if it's considered a possible ordinance issue/safety issue, and see where that leads--or consult with an attorney to see what can be done legally.
0 votes Thank Flag Link Tue Nov 9, 2010
I have also never seen a bank step up to take responsibilty for something like this.
Insurance can possibly help, but it just doen't feel right to have to use your insurance.

In the past, I have seen people taking measures to help protect their property due to the length that a home can be in the hands of the bank. Another thing that you may do is to call Inspectional services (depending on the neighborhood) to have documentation that there is a problem.

Also, if there is a real estate professional working with/for the bank, then they will probably at least try to help you.
0 votes Thank Flag Link Tue Nov 9, 2010
I have never seen a bank much responsibility for issues like this. You'd have to take them to court and good luck with that. Typically your homeowners insurance would cover damage to your home from a neighbors tree - strangely since it seems that it would be the tree owners insurance!
0 votes Thank Flag Link Tue Nov 9, 2010
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