Neighbours tree hanging over my property

eyescreamcone

I've recently moved into a 3 storey terraced house.
This house has a back garden facing west with a lane behind it, that the owners of the terraced properties joint own to access the rear of their properties.
Behind the terrace there is a single house.
On this property, next to our access lane by my house, is a large tree.
This tree is larger than my 3 storey house.
It's branches reach across the access lane and over my property by at least 2 metres.

I would like the whole tree to be taken down
1. For safety reasons - we live near the atlantic coast and a if a good storm shifted the tree then it could do untold damage to my property.
2. I'd love a bit more sunlight in the evenings
3. When Autumn comes I don't want to have to pick up all the leaves that drop from this giant.

What rights do I have??
Who should pay for works done to the tree??
How much do tree surgeons charge for this type of work??? (approx obviously)

biko

You can't get the tree cut down without neighbours permission, of course. Speak to the person who owns the land the tree is rooted in, this person also own the tree.
But you can trim the overhang.

Tbh, this stuff is why you need to check a property out before moving in. You can't expect them to cut down an old tree on your account.

professore

Probably the best you can hope for is to get your neighbour to trim the tree, or allow you to do it yourself by asking nicely.

Unless you have a healthy bank account, and lots of time on your hands to go the legal route of proving the tree is a danger, and probably ending up taking the neighbour to court.

Also be prepared for a war with the whole area when your name gets out as a difficult person to deal with. From their perspective you are some blow in who is ordering them to cut down their lovely tree. Realistically you have no business wanting the tree removed from their property.

cookie1977

There are no rights to light currently in law but...

http://www.irishtimes.com/newspaper/property/2012/0614/1224317867177.html

professore

cookie1977 wrote: »

There are no rights to light currently in law but...

http://www.irishtimes.com/newspaper/property/2012/0614/1224317867177.html

Seem like reasonable proposals.

cookie1977

professore wrote: »

Seem like reasonable proposals.

They do. It should help in situations like this.

the_syco

eyescreamcone wrote: »

I've recently moved into a 3 storey terraced house.

Are you renting the house, or do you now own it?

eyescreamcone

I certainly don't wish to go down the legal route.
I'm just at the starting point and wanted to gather as much information as possible before I went for a chat with the adjoining land + tree owner.
This will probably be a problem for both of us as the tree will keep growing back into my property over time.
It could be in both of our interests to remove the problem at this stage.

I would be prepared to pay for this to be done but do not want to offer this up before I talk with the neighbou/tree owner.

professore

eyescreamcone wrote: »

I certainly don't wish to go down the legal route.

Unless you have much more understanding neighbours than I have ever had, you will have no choice if you want that tree removed - and you will almost certainly lose the case.

Where does it stop? You are setting yourself up for your neighbour asking you to knock your garden shed because it shades his property, or change the colour of your paint because they don't like it etc etc.

I know that's what I'd do if one of my neighbours took the legal route to cut down a tree on my property - since I wouldn't agree if they asked they would have to. Overhanging branches sure - but cutting down the tree? No way.

Graces7

professore wrote: »

Unless you have much more understanding neighbours than I have ever had, you will have no choice if you want that tree removed - and you will almost certainly lose the case.

Where does it stop? You are setting yourself up for your neighbour asking you to knock your garden shed because it shades his property, or change the colour of your paint because they don't like it etc etc.

I know that's what I'd do if one of my neighbours took the legal route to cut down a tree on my property - since I wouldn't agree if they asked they would have to. Overhanging branches sure - but cutting down the tree? No way.

Thank you... cutting down old trees is an unpopular thing to do; you really cannot expect neighhbours to do something so drastic simply because a new person is demanding it. I know what the reaction of most folk would be and rightly so.

Would love to be a bird in the tree when you visit your new neighbours!

eyescreamcone

Graces7 wrote: »

Thank you... cutting down old trees is an unpopular thing to do; you really cannot expect neighhbours to do something so drastic simply because a new person is demanding it. I know what the reaction of most folk would be and rightly so.

Would love to be a bird in the tree when you visit your new neighbours!

Am I being totally unreasonable???
Obviously I want no branches or leaves on my property.

Should the tree owner be left alone and I just clear up any mess that he creates???

MajorMax

Remember, while you do have the legal right to cut any branches that overhang your Property the branches remain the property of your neighbour and you must deliver them to him after the cutting.

You can't cut the branches over the access lane

Graces7

eyescreamcone wrote: »

Am I being totally unreasonable???
Obviously I want no branches or leaves on my property.

Should the tree owner be left alone and I just clear up any mess that he creates???

As someone else has said, surely you saw this before buying? And there has to be some acceptance re surroundings and the gardens etc of others.

This is how neighbourhood wars start and it needs very careful handling indeed.

Territorial disputes.

There have been some appalling situations over trees.

Leaves are a minor and temporary issue. You cannot banish leaves, birds et. You have existing rights re pruning with the owners permission etc.

eyescreamcone

Would it be normal to just accept that half of this trees leaves will fall on my land every autumn???

eirator

eyescreamcone wrote: »

Would it be normal to just accept that half of this trees leaves will fall on my land every autumn???

Yes, and they make excellent compost.

Also if you start cutting the tree back just to your boundary it will look a mess. If the tree is a decent shape leave well alone if its an eyesore because its been hacked back before and is badly misshapen I might take another view.

eyescreamcone

eirator wrote: »

Yes, and they make excellent compost.

Also if you start cutting the tree back just to your boundary it will look a mess. If the tree is a decent shape leave well alone if its an eyesore because its been hacked back before and is badly misshapen I might take another view.

My back garden is approx 10 metres long.
The tree encroaches 2 metres.
How much further should I let this continue before doing anything???

eirator

eyescreamcone wrote: »

My back garden is approx 10 metres long.
The tree encroaches 2 metres.
How much further should I let this continue before doing anything???

It was there when you moved in why should you be allowed to do anything?

Wow a whole 10m it won't take long to clean that up then :P

golden lane

op, i suggest you try to enjoy the tree being there....surely it must be a nice sight to see from your back windows.....

eyescreamcone

golden lane wrote: »

op, i suggest you try to enjoy the tree being there....surely it must be a nice sight to see from your back windows.....

It'll be in the back windows soon if I do nothing

who_me

When I was young, my Dad cut down 4 large mature trees when my neighbour (politely) asked as they were blocking light into his property. I don't know if I'd be that helpful if the situation was repeated these days. To add some insult to 'injury', the neighbour replaced the trees with a thick stone wall, built entirely on our side of the dividing line.

OTOH, I do know of one person who had a sea-view blocked by trees just inside his neighbour's land. He asked the neighbour to cut them back/down, and the neighbour refused. Reasoning they were close enough to the property line to be in a 'gray area' as regarding ownership, he called someone out to cut them down! The neighbour walked in in the middle of seeing his own trees being cut down, and a scuffle ensued - not good with a chainsaw involved! My 'friend' was taken to court, and ended up paying for replacement trees to be planted, in addition to a high fence being built until the trees reached a sufficient height. I believe there were also damages involved.

I'm not sure this is really helpful, I just wanted to point out this can be a really contentious issue!

golden lane

eyescreamcone wrote: »

It'll be in the back windows soon if I do nothing

wow!..that is some tree....triffids comes to mind..lol

Graces7

golden lane wrote: »

wow!..that is some tree....triffids comes to mind..lol

Next it will be birdsong from the tree objected to. and OH! The droppings!

Ah but the leaves will soak the droppings up...

Incidentally, what species is it?

Love trees....Lived many years on a barren island where there were none and now!

Graces7

eyescreamcone wrote: »

Would it be normal to just accept that half of this trees leaves will fall on my land every autumn???

Yes absolutely it would.

Half? Exaggeration and depends on the wind direction.. and yes, they make excellent free mulch/compost....

eyescreamcone

Graces7 wrote: »

Yes absolutely it would.

Half? Exaggeration and depends on the wind direction.. and yes, they make excellent free mulch/compost....

I'm presuming half as the tree is against the boundary.
The wind direction will change and will even out in all directions.

As for mulch/compost - not interested and don't want to have to pick them up.
Would it be rude to collect these leaves and chuck them back onto the tree owners property???

Graces7

eyescreamcone wrote: »

I'm presuming half as the tree is against the boundary.
The wind direction will change and will even out in all directions.

As for mulch/compost - not interested and don't want to have to pick them up.
Would it be rude to collect these leaves and chuck them back onto the tree owners property???

:rolleyes:

This is surely a wind up now.

eirator

Graces7 wrote: »

:rolleyes:

This is surely a wind up now.

I used to work as a Tree Surgeon and I've come across worse :rolleyes:

If its against the boundary and only 2m over his side then its hardly so huge that it would do any damage as claimed either - another :rolleyes:

eyescreamcone

Very serious until I was advised to pick up someone else's rubbish on my property - and be happy because I could use it for mulch or compost.

That's just having a laugh!!

The idea that I should just put up with it because I'm new is crazy.
If somebody was making noise and interfering with my enjoyment of my property should I put up with it because I'm new??

I'll get it sorted one way or another.
Amicably hopefully.

eirator

eyescreamcone wrote: »

Very serious until I was advised to pick up someone else's rubbish on my property - and be happy because I could use it for mulch or compost.

That's just having a laugh!!

The idea that I should just put up with it because I'm new is crazy.
If somebody was making noise and interfering with my enjoyment of my property should I put up with it because I'm new??

I'll get it sorted one way or another.
Amicably hopefully.

So it appeared over night did it and wasn't there before you moved in?

Or are you expecting to have it taken down or hacked at because you are new?

mikom

eyescreamcone wrote: »

If somebody was making noise and interfering with my enjoyment of my property should I put up with it because I'm new??

Was someone making noise on all the occasions you viewed the property before moving in?

Graces7

Maybe the OP needs to build a large plastic dome over and around his property....

Unless you go and live on a desert island you have to come to terms with the fact that others have lives and own property too.

Takes time and is not always easy, but there it is...

DylanII

How could you have missed such a big tree when you were viewing the property?

I know if I was looking for a new house and I seen that my neighbours had a tree that I didn't like then my response would not be 'Sure I can just make him cut that down'. You should either accept the tree or move out.

I also think that if you trim the overhang it will just make it look bad.

biko

Actually, if I understand it correctly, you can cut overhang back to the property line and then return the branches to the owners for disposal (hey, it's his tree...). This could apply to leaves too.

Before you go down this route speak to them first. You don't want to be starting the relationship by pissing everyone off.

Graces7

I keep wondering re the neighbour,, if it is a little old lady who could be intimidated, or a large man with three huge dogs....

The OP has never met any of the neighbours...

NB You cannot touch the tree without the owner's permission surely.

runawaybishop

Graces7 wrote: »

I keep wondering re the neighbour,, if it is a little old lady who could be intimidated, or a large man with three huge dogs....

The OP has never met any of the neighbours...

NB You cannot touch the tree without the owner's permission surely.

If its over his property, then yes he can. We have had similar issues with large trees overgrowing land and blocking access.

Andy-Pandy

You can cut back any branches/roots on your property, but if the tree is harmed/killed due to this cutting back (even over your property) you can be done with criminal damage. In fairness op you dont have a leg to stand on here, if you don't get the cooperation of your neighbour you are stuck with the tree. You should have seen it before you moved in and asked about it then.

Lantus

MajorMax wrote: »

Remember, while you do have the legal right to cut any branches that overhang your Property the branches remain the property of your neighbour and you must deliver them to him after the cutting.

You can't cut the branches over the access lane

good point, this alone ashould make a huge difference. It will also make their side of the tree heavier and more likley to fall over on their house (don't tell them this though.)

Andy-Pandy

Lantus wrote: »

good point, this alone ashould make a huge difference. It will also make their side of the tree heavier and more likley to fall over on their house (don't tell them this though.)

If the tree is damaged due to you cutting branches on your side and the tree falls over (very unlikely) due to this, you are liable for the damage to the tree that has been caused by your removal of any branches. You can not cause harm to the tree that will result in the tree having to be removed, you will be liable for the costs of safely removing what is left of the tree and the cost of any damages that occurs.

professore

Andy-Pandy wrote: »

If the tree is damaged due to you cutting branches on your side and the tree falls over (very unlikely) due to this, you are liable for the damage to the tree that has been caused by your removal of any branches. You can not cause harm to the tree that will result in the tree having to be removed, you will be liable for the costs of safely removing what is left of the tree and the cost of any damages that occurs.

I just love how logical the law is - and I'm not being ironic here. Fantastic.