Large Trees to Rear of House - Possibly Dangerous - Options?

I know of one instance where a person had trees cut on land he considered scrubland which blocked his view and the owners took him to court. It was actually owned by a golf club. Think it cost him 7 grand to replace them as they replaced them with fairly mature trees that require huge diggers and transport costs.

MarkAnthony wrote: »

While the OP should of course go through correct channels all the insurance in the world isn't going to help them sleep at night if the worry is a tree bisecting the house at 3am while everyone is present.

My only concern is how does a tree surgeon do a proper inspection without trespassing?

Could the local authority be of any assistance?

Caveat emptor. As already stated, the trees were there when the house was purchased.

You cant being in a tree inspector to inspect trees that aren't yours, I suspect any reputable tree inspector would refuse the work under the circumstances described.

Then again, My wife wants me to cut down a tree in our back garden as its getting too tall. I really don't want to do it, its a beautiful tree which has never done anything to deserve being killed due to the very very slight chance that it may just fall over and wreck the house.

Trees are awesome, we should plant more rather than chopping them all down.

You can legally cut off any of the tree that encroaches on your property, so long as you can do that from your own property.

Anything else you can discuss with the owner but they don't have to do anything, but there are options as below. You need to check with the local authority that the trees are not protected for any reason.

http://www.citizensinformationboard.ie/publications/relate/relate_2012_12.pdf

There are various common law rules about carrying out works
on shared boundaries or party structures. The Land and
Conveyancing Law Reform Act 2009 covers a wide range of
property laws. Among other things, it aims to clarify the rights
of a person who wants to carry out works on a party structure.
It provides for works orders. These are orders that allow you to
carry out works on a party structure if you have been unable
to agree such works with your adjoining landowner – your
neighbour. Effectively, it regulates the position between you
and your neighbour while the works are being carried out.
Party structure
The Act has a wide definition of a party structure. A party
structure can be any wall, arch, ceiling, floor, partition, ditch,
fence, hedge, shrub, tree, or other structure that horizontally,
vertically or in any other way:
• Divides adjoining (which is defined to include adjacent)
and separately owned buildings, or
• Is situated at or on or so close to the boundary line
between adjoining and separately owned buildings or
between such buildings and unbuilt-on lands that it is
impossible or not reasonably practical to carry out works
to the structure without access to the adjoining building
or unbuilt-on land
It includes any such structure that is situated entirely in or on
one of the adjoining buildings or unbuilt-on lands, or straddles
the boundary line between adjoining buildings or between
such buildings and unbuilt-on lands and is either co-owned by
their respective owners or subject to some division of
ownership between them.
Right to carry out works to party
structure
The Act provides that you are entitled to carry out the
following works on a party structure:
• Works that are required in order to comply with any
statutory provision, for example, the requirements of the
Building Regulations
• Exempted developments under the Planning Acts
(developments for which planning permission is not
needed) or developments for which you have planning
permission or which are required in order to comply with
the conditions of a planning permission
• Works required for the preservation of the party structure
or of any building or unbuilt-on land of which it forms a
part
• Any other works that will not cause substantial damage or
inconvenience to your neighbour or that even if they will
cause damage or inconvenience, it is nevertheless
reasonable to carry them out
You must make good any damage or reimburse your neighbour
if you cause damage in the course of the work. You are obliged
to pay your neighbour’s reasonable costs for getting
professional advice about the likely consequences of the work,
for example, an architect’s assessment, and reasonable
compensation for any inconvenience caused by the works.
However, you are entitled to take proportionate account of
your neighbour’s use and enjoyment of the party structure
when assessing the damages or costs and reduce the amount
accordingly. In effect, your neighbour must meet the costs
proportionate to the benefit received from the works.
The works that may be carried out on a party structure include:
• Carrying out inspections, drawing up plans and performing
other tasks required for, incidental to, or consequential on
any of these works
• Adjustment, alteration, cutting into or away, decoration,
demolition, improvement, lowering, maintenance, raising,
renewal, repair, replacement, strengthening or taking
down
• Finding out the course of cables, drains, pipes, sewers,
wires or other conduits and clearing, renewing, repairing or
replacing them
• Cutting, treating or replacing any hedge, tree or shrub
• Clearing or filling in ditches
Works orders
You may apply to the District Court for a works order if there is
a dispute between yourself and your neighbour about such
works. A works order allows you to carry out the work
specified, subject to whatever terms and conditions are
applied. Among other things, a works order may:
• Authorise you, or people authorised by you, to enter your
neighbour’s building or land for any purpose connected
with the works
• Require you to indemnify or give security to your
neighbour for damage, costs and expenses caused by or
arising from the works or likely to be caused or to arise
A works order may not authorise any permanent interference
with, or loss of, any easement of light or other easement or
other right relating to a party structure. An easement is a
complex legal concept but, broadly speaking, it is a right thatone landowner has over another’s land. In this context, one
important such right is the right of support, for example, the
party wall may be supporting the neighbour’s house or
outbuildings so works on the party wall have to take that into
account.
Any person affected by a works order may apply to the court to
have the order discharged or modified.
Procedure
The procedure for getting a works order is governed by Order
93A of the District Court Rules (SI 162/2010).
You must notify your neighbour of your intention to apply for
an order. The required form is available from the District
Court clerk.
There are also required forms available for an application to
the District Court for damage to be made good and for
applications to modify or discharge a works order. The other
party must be notified in these cases as well.
Disputes between neighbours as to who is liable to pay the
costs involved in party structure works works are treated in the
same way as any other civil claim.


Overhanging trees or encroaching roots may be regarded as a
nuisance and you are entitled to cut back the tree or the roots.
You do not need the permission of the tree owner to do this
provided you can do it without going on to the owner’s property.
However, as with all such matters, it would be preferable to
discuss and agree what action was required. You do need to be
careful to ensure that you do not leave the tree or, for example,
a party wall in a dangerous condition as a result of your actions.
If you need to enter the tree owner’s property and cannot get
agreement, you may apply for a works order as described above.
Utility companies
Electricity and telecommunications companies have various
rights to cut down or lop trees that are on private property and
that may obstruct wires, under the Electricity (Supply) Act 1927
as amended. They must give notice to the landowner of their
intention to do this. You may choose to have the work done and,
if you do, the utility provider must pay the costs involved.
Tree preservation orders
Under the Planning and Development Act 2000, the local
authority may make tree preservation orders if it is in the
interests of amenity or the environment.
The local authority must state its reasons for making such an
order. Tree preservation orders may, among other things:
• Prohibit the cutting down, topping, lopping or
destruction of a tree
• Require a tree owner (or occupier of the land on which
the tree is planted) to make an agreement with the local
authority for the proper management of any trees; the
local authority may agree to help with the management
including help with the costs involved
Before making such an order, the local authority must serve
notice on the tree owner and give public notice. There must
be a period of at least six weeks for observations on the
proposed order. The local authority must maintain a register
of tree preservation orders. The land owner or occupier may
appeal any such order to An Bord Pleanála.
In general, if you carry out any action that is contrary to the
conditions set in a tree preservation order, you may be
prosecuted and fined. A preservation order does not prevent
the cutting down, topping or lopping of a tree that is dead or
dying or has become dangerous or where it is necessary for
the prevention or abatement of a nuisance or hazard. It
would be advisable to consult the local authority before
taking any such action.

Interesting answer here:
http://www.irishtimes.com/life-and-style/homes-and-property/neighbour-refuses-to-act-over-dangerous-tree-1.1922862

The part about the road doesn't apply to you, but the rest may. It would appear that a land owner has a legal obligation under health and safety legislation to do something about the trees if you can prove they pose a danger to your property.

I would definitely go about finding out who owns the land and asking them nicely if something can be done. If they're ambivalent they may be happy to let you go ahead and pay to have the removed.
If they're refusing to act, then you can explore the legal avenues that may be available to you as above.

The council should help you. http://www.telegraph.co.uk/news/uknews/1969894/Leylandii-dispute-ends-in-light-relief.html

If they are leylandii, they are a real PITA