Sappy Start, Happy Ending

Question

My ex-neighbor's son planted a pine tree some 50 years ago, 5 feet from the property line, with the majority of the tree hanging over my 10 foot driveway. The sap has ruined two paint jobs, and I'm not surprised in spring anymore when I find the perfect little pine needle nests with the eggs nestled inside under the hood of my cars! I asked for the tree to be removed, the neighbor said no. I cut off the branches at the property line. The problem still exists. The neighbor moved to a retirement home and now the property is for sale. Do I have the right to include tree removal as a condition of buying the house because of damages it's doing to not only my cars, but to anyone who parks anywhere near my house?

Answer 1

No offense. But those needle nests sound rather dear.

Here is the legal story. In all the grand number of neighbor law cases that have made it to court, Illinois has not afforded sap and pine needle damage legal rights. In fact, it takes major, major damage to gain the attention of an Illinois judge. Probably more major than the sort caused by perfect nests.

You have done what you can by trimming the offensive branches. Do not cut down the tree. That could easily land you in court, on the wrong side of a lawsuit. 

Consider the advent of the new neighbor -- one who has no familial sentiments attached to the messy pine -- to be a Brave New Beginning for you. Approach the new owner with an offer to have the tree removed. Perhaps line his or her palm with the amount you are willing to spend to stop this madness.