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trees

  • 04-05-2011 10:36pm
    #1
    farmerjohn
    Closed Accounts Posts: 57 ✭✭


    there is a forestry bordering one of our fields and the branches are coming further into our land every year, would it be possible for us to cut them back as they are nealy blocking the passage at this stage:confused:


Comments

  • #2
    Red Sheds
    Registered Users, Registered Users 2 Posts: 124 ✭✭Red Sheds


    If its blocking your passage and interrupting the use of your land, cut them out, same thing happened with me and I cut them out.


  • #3
    what happen
    Closed Accounts Posts: 194 ✭✭what happen


    farmerjohn wrote: »
    there is a forestry bordering one of our fields and the branches are coming further into our land every year, would it be possible for us to cut them back as they are nealy blocking the passage at this stage:confused:
    yes you can cut them back . the forestry beside me aloud for the branches and kepted back 20 foot from the bordering hedge.


  • #4
    jeffwode
    Registered Users, Registered Users 2 Posts: 150 ✭✭jeffwode


    You are legally entitled to cut any branches or trunks that overhang your property, however the wood remains the property of the tree owner. :)


  • #5
    Oldtree
    Registered Users, Registered Users 2 Posts: 8,109 ✭✭✭Oldtree


    If you kill the tree then you will be liable. If you think that the branches are substantial enough that your actions would kill the tree then get written permission from the owner to protect yourself.


  • #6
    Tora Bora
    Closed Accounts Posts: 1,258 ✭✭✭Tora Bora


    Oldtree wrote: »
    If you kill the tree then you will be liable. If you think that the branches are substantial enough that your actions would kill the tree then get written permission from the owner to protect yourself.

    If the oveerhanging branch, were to break the windscreen of your nice new green JD, and scratched the paint on your old clapped out rusty Zetor, then the owner of the trees, would be liable, if you follow the logic above.
    Are you planning on respraying the auld Zetor anytime soon;)


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  • #7
    Oldtree
    Registered Users, Registered Users 2 Posts: 8,109 ✭✭✭Oldtree


    Thats common law for you:

    "It is to take such care as a reasonable and prudent landowner would take to guard against the danger of damage being done by a falling tree, and if he fails to exercise this degree of care, and damage results from such failure on his part, a cause of action will arise against him.''

    see here:

    http://www.farmersjournal.ie/2005/0101/farmmanagement/forestry/feature.shtml

    I think it reasonable to extend the above to a wayward branch and would not like to be the test case. ;)

    PS I have a Ford 3600 lovely zoom zoom....


  • #8
    farmerjohn
    Closed Accounts Posts: 57 ✭✭farmerjohn


    thanks for da replys.

    thats ok so think ill cut them back so, but il give them the branches:rolleyes:, wasnt sure if i needed permission from the owner.


  • #9
    jeffwode
    Registered Users, Registered Users 2 Posts: 150 ✭✭jeffwode


    If I were you, I'd let the forestry owners know that the branches are causing a problem. They might not be aware that it's bothering you, or maybe they just haven't thought about it. If the owners don't seem keen to cut them back then go ahead.

    A quick chat might save you a job. Also, even though you're within your rights, cutting back someone else's trees without raising the matter first isn't very neighbourly. I know that letting your trees overhang someone else's property isn't neighbourly either but two wrongs don't make a right. Just a thought.
    farmerjohn wrote: »
    thanks for da replys.

    thats ok so think ill cut them back so, but il give them the branches:rolleyes:, wasnt sure if i needed permission from the owner.


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