What to do about illegal dumping on my property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about illegal dumping on my property?
A tree located on my property, whenever a small number of branches and leaves fall into the neighbor’s property she picks everything up and throws it over my fence into my property and has started a small compost pile on the side of my house. I cleaned it up and posted ‘No Dumping Allowed’ signs, a security camera and sign, and sent her letters. She said it’s not illegal dumping since debris came from my tree (there are many trees on surrounding properties). Also, she wants the signs taken down so she does not have to look at them. Is she committing ‘illegal dumping’? Do I have recourse?
Asked on April 16, 2012 under Real Estate Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) You have no right to make your neighbor retain or clean up leaves or debris from your tree (or indeed, any debris from you). She may push debris from your property (i.e. your tree) onto your property (your real estate).
1a) She can't, however, push or throw leaves or debris from other trees onto your property. If she does so, she is trespassing and/or committing a form of vandalism, and you could take legal action against her.
2) She most likely has no right to make you take down the no dumping sign, since a sign would seem to not rise to the level of being a legal nuisance (an unreasonable use or action for the area).
Legally, if you can prove she is throwing debris from trees which are not yours onto your land, you could seek a court order forcing her to not do this. Again though, she may push or throw anything from your trees onto your property, rather than having to clean up your debris herself. The issue, legally, is where the leaves and debris come from; practically, given the cost of litigation and how neighbor feuds can escalate, it is almost certainly better to work something out rather than go down the route of legal action.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.