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Tresspassing by Contractors by approval of the Council

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  • 23-10-2006 5:35pm
    #1
    Smiegel
    Closed Accounts Posts: 44 ✭


    I need some advice!

    My girlfriend came home at lunch today to find a private contractors vehicle in our front garden and 2 men about to start cutting the mature trees at the side of our house. The neighbour on the other side of the trees told us he wanted to cut the trees to 50% size as they block his light and he raised it with the council. We had spoken to the council against cutting of the trees and that was about a month ago and since we had heard nothing. The trees are only accessible from our side of the boundary.

    When I spoke to the contractors (after they agreed not to cut the trees today )they said they had been out to see the trees earlier in the week with a man from the council and he said it was ok to cut all the trees in half. I have spoken to the council today and they said they are having a meeting about it on Wednesday. Can someone tell me what are my rights and how do I stop some contractors from rolling in on my from lawn again and this time cutting the trees while there is no one in the house. P.S My neighbour is in the council and I am sure he knew what was going on.

    What are my rights and how do I enforce them? I really dont want the trees cut!


Comments

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    #2
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    Assuming its not a Council house or anything - I would have thought they have no rights whatsoever.

    I would suggest you go see your solicitor and ask him or her to write a strongly worded letter.


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    #3
    Tumblina
    Closed Accounts Posts: 7 ✭Tumblina


    Council only allowed on footpath as its their property have to have your permission to be on your property with you present. They have also to contact you about such a thing. I agree with Maximilianget some legal advice about it.


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    #4
    cast_iron
    Registered Users Posts: 2,454 ✭✭✭cast_iron


    So could the council cut any branches that overhang the neighbour's property?

    I would imagine they could, but anything across the border line is off limits (without the necessary court instruction).


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    #5
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Strongly worded letter to council legal department demanding that they, their agents and servants not trespass and that you would seek damages in the event of any trespass.

    Alternatively if you want to bring out the big guns, you can apply to the circuit court ex parte for an interim order preventing the council from trespassing. Once given notice of it, they can not trespass or they would be in contempt. This would bide them over for a few days until a full hearing can be heard for a more permanent order against trespass.


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    #6
    Overheal
    Registered Users Posts: 81,826 ✭✭✭✭Overheal


    I agree fully with Gabhain7: worst case scenario is you receive a reply that would have to quote which laws/acts the Council was taking advantage of, and basically establish what rights they have to commence trespassing.


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    #7
    BostonB
    Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    Since this thread is nearly 3 months old, can I ask what happened?


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