Dealing with dangerous trees

Rosier

Please has anyone actual experience of dealing with dangerous trees.

the situation. a row of five oversized cypresses about 12 metres from the house. They were originally planted in the old stone wall so never as stable as they could be. they block light and now the insurers have declared that as long as they are there they will not give cover for the house. Too dangerous.

the trees belong to the neighbour who is a very difficult person and is refusing to fell the trees.

is there any way we can deal with this without it escalating into a court hearing as there simply is not the money to do this. I read somewhere that the Local authority will do this but am not sure.

This has become urgent as in the recent gales a similar tree down the lane was felled causing massive damage. if any of these trees fell on the house the damage would be horrendous and life endangered.

any experience greatly appreciated. nb this is in a rural setting

Thank you

Sir Arthur Daley

You will have to work with your neighbour or start up a chainsaw when he/she is gone to mass.

Odelay

WikiHow wrote: »

You will have to work with your neighbour or start up a chainsaw when he/she is gone to mass.

Don't do that! Would your neighbour accept topping them as an compromise?let him know any damage to your house will be his responsibility if nothing is done.

Sir Arthur Daley

let him know any damage to your house will be his responsibility if nothing is done.

He would not be liable for damages.

The_Conductor

I've been out of forestry for a while but essentially-

1. there are guidelines for the planting of various species of trees in the vicinity of dwellings. Height doesn't tend to be the issue- the issue tends to be structural damage from the roots.

2. If a neighbours tree falls on your property it is classified as an 'act of god'. You can try to claim on his insurance policy or take a civil case against him- however, Ireland simply transposed English law in this respect- its classified as an act of god, and is not an insurable event.

3. You have a right to request that any branches overhanging your property be cut.

4. You do not have a right to request the trees be cut down, to allow light on your property that they may be shading.


Leyland Cypress have been commonly planted in the past- particularly on boundaries between different properties- because they grow so fast. Its far from unusual for them to grow up to 40 feet height within about 15-16 years- and overtime they can grow up to perhaps 80-90 feet depending on site.

Its actually quite common for disputes concerning Leyland cypress to end up in court- as neighbours very often don't see eye to eye over them- esp. as one property can get overshadowed over the course of less than a decade.

The biggest issue (from an insurance perspective) with Leyland cypress- is their rooting system is incredibly shallow- and they have a habit of falling over (which is why they are classified as an uninsurable risk).

One of the reasons they're so beloved particularly in coastal counties- is they have a tolerance of salt spray- and can survive (survive rather than thrive) in even the most inhospitable of locations. Often they may be one of the only species that can provide an effective shelterbelt/barrier block- given exposure levels.

Essentially- its up to the two owners to try to discuss it between them. Your only right in this situation is to cut any branches overhanging your own property- nothing more, nothing less.

Presumably you'll have discussed this with the neighbour over the previous years- so it won't come across as aggressive when you now approach him- go in all guns blazing and he'll likely ignore you- and be perfectly within his rights to do so.

The trees themselves are an insurable risk (as are any trees)- however this would not normally negate insuring the property- its simply one branch (if you'll excuse the pun) of the policy that will have explicit exclusions applying.

Case law in this area goes all the way back to the 1860s- and English law applies.

Sir Arthur Daley

Bring out the 242 at mass time and be done with.

testicle

Copper nail into each one do any good?

Rosier

The_Conductor wrote: »

I've been out of forestry for a while but essentially-

1. there are guidelines for the planting of various species of trees in the vicinity of dwellings. Height doesn't tend to be the issue- the issue tends to be structural damage from the roots.

2. If a neighbours tree falls on your property it is classified as an 'act of god'. You can try to claim on his insurance policy or take a civil case against him- however, Ireland simply transposed English law in this respect- its classified as an act of god, and is not an insurable event.

3. You have a right to request that any branches overhanging your property be cut.

4. You do not have a right to request the trees be cut down, to allow light on your property that they may be shading.


Leyland Cypress have been commonly planted in the past- particularly on boundaries between different properties- because they grow so fast. Its far from unusual for them to grow up to 40 feet height within about 15-16 years- and overtime they can grow up to perhaps 80-90 feet depending on site.

Its actually quite common for disputes concerning Leyland cypress to end up in court- as neighbours very often don't see eye to eye over them- esp. as one property can get overshadowed over the course of less than a decade.

The biggest issue (from an insurance perspective) with Leyland cypress- is their rooting system is incredibly shallow- and they have a habit of falling over (which is why they are classified as an uninsurable risk).

One of the reasons they're so beloved particularly in coastal counties- is they have a tolerance of salt spray- and can survive (survive rather than thrive) in even the most inhospitable of locations. Often they may be one of the only species that can provide an effective shelterbelt/barrier block- given exposure levels.

Essentially- its up to the two owners to try to discuss it between them. Your only right in this situation is to cut any branches overhanging your own property- nothing more, nothing less.

Presumably you'll have discussed this with the neighbour over the previous years- so it won't come across as aggressive when you now approach him- go in all guns blazing and he'll likely ignore you- and be perfectly within his rights to do so.

The trees themselves are an insurable risk (as are any trees)- however this would not normally negate insuring the property- its simply one branch (if you'll excuse the pun) of the policy that will have explicit exclusions applying.

Case law in this area goes all the way back to the 1860s- and English law applies.

just came across this site so I doubt the validity of some of your post thankfully

http://www.treecouncil.ie/treeinformation/treesandlaw.html

as for negotiating with this man; his declaration is that he hopes his trees fall on the house;this is why he has left them where they are.

and the insurers are refusing any cover until the trees go; the root system alone with them being so near

as I asked has anyone actually worked this out for themselves here in Ireland

I have emailed the local authority now.

Rosier

testicle wrote: »

Copper nail into each one do any good?

read this site1
http://www.treecouncil.ie/treeinformation/treesandlaw.html

also we could not predict which way they fell and they are twice the height of the house so as they say, go figure,,,,,

Sir Arthur Daley

Bring out the 254 to get the job done quicker, if he is being a dick with you why should you try and be playing ball with him.

Rosier

WikiHow wrote: »

He would not be liable for damages.

yes he would. But small use if we are dead crushed by the trees

see

http://www.treecouncil.ie/treeinformation/treesandlaw.html

Rosier

WikiHow wrote: »

Bring out the 254 to get the job done quicker, if he is being a dick with you why should you try and be playing ball with him.

tempting but age and disability... also he would sue us for trespass; this is a litigious creature with a solicitor who is like him.

there has to be a way to defeat him legally on this; oh there is a public lane between house and trees by the way.

The_Conductor

Ok- we have people advocating illegal activity here. Thread closed.

The_Conductor

Rosier wrote: »

read this site1
http://www.treecouncil.ie/treeinformation/treesandlaw.html

also we could not predict which way they fell and they are twice the height of the house so as they say, go figure,,,,,

Any tree surgeon can predict the direction of tree fall with felling wedges- we actually hold annual competitions to see who can get the direction most accurate, its quite precise (to within a few degrees normally).