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Falling tree across from my house

  • 24-01-2014 2:29pm
    #1
    Closed Accounts Posts: 8,657 ✭✭✭


    Hi there,

    Sorry if this is in the wrong forum.

    Across the road from my house, on the public road, there is a tree precariously leaning against another... It looks like it's gonna fall over and would most likely land on the public road... The guy who owns the land said that he was gonna sort it out but he hasnt got around to it, and tbh I dont fancy letting him at it as he'll probably knock it down on some unsuspecting driver..

    Here's a picture.

    5NPS5T.jpg

    Should I call the council about this?

    thanks,


Comments

  • Registered Users, Registered Users 2 Posts: 24,546 ✭✭✭✭Reggie.


    I'd inform the council. At least they may do something as it is a possible danger to motorists


  • Registered Users, Registered Users 2 Posts: 11,264 ✭✭✭✭Nekarsulm


    Ring the council, they are currently sending out letters to land owners about overgrown hedges.



    "and tbh I dont fancy letting him at it"

    I am intrigued as to how you think you have any authority over the landowner, he doesn't need your permission to proceed . Just put a good hawser high up and pull it back into the field, or get a guy with a winch.


  • Closed Accounts Posts: 8,657 ✭✭✭CountyHurler


    Nekarsulm wrote: »
    I am intrigued as to how you think you have any authority over the landowner, he doesn't need your permission to proceed . Just put a good hawser high up and pull it back into the field, or get a guy with a winch.

    Well there's no need to be "intrigued".. He certainly doesnt need my permission, but my concern is more about his capability to carry out the job without hurting himself or somebody else.. He had planned on taking it down by attaching a rope to it and pulling it with a dumper. He blew up a paint compressor last week!!

    Seriously though, is it the council I ring, or would the ESB (as it is near their wires too) be better?


  • Registered Users, Registered Users 2 Posts: 1,094 ✭✭✭SamAK


    The council boyo's would be delighted to come and take it away, free firewood for them!


  • Registered Users, Registered Users 2 Posts: 588 ✭✭✭Justjens


    And you waited until a Friday afternoon to do anything? May as well wait 'till Monday now, then ring the council, just hope the storm tomorrow doesn't save them a job, they'll contact the ESB.

    And if your local council boys are anything like the ones around here, had to lift one up in the digger bucket to cut a hanging tree, you might not fancy 'letting them at it' either.


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  • Registered Users, Registered Users 2 Posts: 4,100 ✭✭✭tabby aspreme


    Tell the council asap , when they are informed of a dangerous tree its there responsibility to have it dealt with , if they don't they can be liable for any damage it may cause,
    The owner of that tree is stupid not to get rid of it , a few years back a local girl was badly injured when a dodgy tree fell on her car , the farm the tree grew on has since been sold to pay compensation


  • Closed Accounts Posts: 2,142 ✭✭✭rancher


    Tell the council asap , when they are informed of a dangerous tree its there responsibility to have it dealt with , if they don't they can be liable for any damage it may cause,
    The owner of that tree is stupid not to get rid of it , a few years back a local girl was badly injured when a dodgy tree fell on her car , the farm the tree grew on has since been sold to pay compensation

    A girl was killed by a tree falling on her car near here a few weeks ago, it won't take much for the tree in the picture to come down.


  • Registered Users, Registered Users 2 Posts: 24,546 ✭✭✭✭Reggie.


    rancher wrote: »
    A girl was killed by a tree falling on her car near here a few weeks ago, it won't take much for the tree in the picture to come down.
    some funeral that


  • Closed Accounts Posts: 2,142 ✭✭✭rancher


    Reggie. wrote: »
    some funeral that

    was the car stopped or did she drive into it


  • Registered Users, Registered Users 2 Posts: 24,546 ✭✭✭✭Reggie.


    rancher wrote: »
    was the car stopped or did she drive into it
    it fell square on the roof while she drove by, what are the odds


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  • Registered Users, Registered Users 2 Posts: 116 ✭✭Masseymad


    im just saying now that if a tree falls of someones land then its no longer their responsability


  • Registered Users, Registered Users 2 Posts: 7,748 ✭✭✭ganmo


    Inform the council, they can either cut it themselves, get a crew in or tell the farmer to do it.
    In the end the owner of the land that the tree is growing out of has the ownership of that tree and the responsibility.

    ps. no matter who cuts it, the land owner still owns the wood


  • Closed Accounts Posts: 2,142 ✭✭✭rancher


    Reggie. wrote: »
    it fell square on the roof while she drove by, what are the odds

    In a meeting with the council today to discuss what we can do to make farmers be more responsible, 27 trees came down on the roads in the county that night and 16 on St. Stephens night, how was there not more accidents.
    That's 43 trees....how many are loosened in the ground ready for another storm next friday


  • Registered Users, Registered Users 2 Posts: 24,546 ✭✭✭✭Reggie.


    rancher wrote: »
    In a meeting with the council today to discuss what we can do to make farmers be more responsible, 27 trees came down on the roads in the county that night and 16 on St. Stephens night, how was there not more accidents.
    That's 43 trees....how many are loosened in the ground ready for another storm next friday
    yeah, noticed that alot of trees getting felled around mullingar since christmas


  • Registered Users, Registered Users 2 Posts: 177 ✭✭ppn


    Can anyone tell me what the situation is where trees from your land fall into a neighbours field? No property damage done just a field full of trees/branches? Who owns the timber from these and who is responsible for clearing the mess?

    Thanks


  • Registered Users, Registered Users 2 Posts: 11,264 ✭✭✭✭Nekarsulm


    your tree, your responsibility. Depending on how much of your tree is in his field, you could ask if he wants that portion for firewood. But you will be responsible for repairing the wire/fence that the tree flattened, and removing the light branches etc.


  • Closed Accounts Posts: 4,701 ✭✭✭moy83


    Hi there,

    Sorry if this is in the wrong forum.

    Across the road from my house, on the public road, there is a tree precariously leaning against another... It looks like it's gonna fall over and would most likely land on the public road... The guy who owns the land said that he was gonna sort it out but he hasnt got around to it, and tbh I dont fancy letting him at it as he'll probably knock it down on some unsuspecting driver..

    Here's a picture.

    5NPS5T.jpg

    Should I call the council about this?

    thanks,
    How did you get on with the tree County Hurler ?


  • Registered Users, Registered Users 2 Posts: 1,453 ✭✭✭Zr105


    ppn wrote: »
    Can anyone tell me what the situation is where trees from your land fall into a neighbours field? No property damage done just a field full of trees/branches? Who owns the timber from these and who is responsible for clearing the mess?

    Thanks

    Is it not the case that if it is on a boundary ditch it belongs to the owner of the land in which it falls? Thats certainly always been the case around this way


  • Registered Users, Registered Users 2 Posts: 7,748 ✭✭✭ganmo


    ppn wrote: »
    Can anyone tell me what the situation is where trees from your land fall into a neighbours field? No property damage done just a field full of trees/branches? Who owns the timber from these and who is responsible for clearing the mess?

    Thanks

    Who ever owns the ground the plant grows out of owns the product of that plant
    The responsibility to clear it is theirs but as he needs your permission to enter your property to clear it there needs to be a bit of understanding on both sides


  • Registered Users, Registered Users 2 Posts: 222 ✭✭Floody Boreland


    ganmo wrote: »
    Who ever owns the ground the plant grows out of owns the product of that plant
    The responsibility to clear it is theirs but as he needs your permission to enter your property to clear it there needs to be a bit of understanding on both sides

    Is a landowner not legally entitled to cut branches overhanging his property?


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  • Registered Users, Registered Users 2 Posts: 1,527 ✭✭✭on the river


    the esb men will cut that tree down safely or contact the fire bridage they could do it either


  • Registered Users, Registered Users 2 Posts: 7,748 ✭✭✭ganmo


    Is a landowner not legally entitled to cut branches overhanging his property?

    They're responsible for ensuring that the trees on their property won't cause damage. So cutting down rotten trees and some dangerous limbs.
    If you do decide to cut an overhanging branch without permission there might be a case of destruction of property and theft if you take the timber away(that's the legality of it, good look gettin the Gaurds interested)

    Ps I am not in the legal profession or related field, just speaking from experience. Pm me if you want the details of the stories


  • Registered Users, Registered Users 2 Posts: 177 ✭✭ppn


    Zr105 wrote: »
    Is it not the case that if it is on a boundary ditch it belongs to the owner of the land in which it falls? Thats certainly always been the case around this way


    The trees in question are not on a boundary ditch as there is fencing beyond them but because of the size of them and the fact that they have been completely uprooted, they have fallen into the neighbouring farmland.


  • Registered Users, Registered Users 2 Posts: 11,264 ✭✭✭✭Nekarsulm


    If there is a big root and a lot of clay attached, be careful cutting the top off it, for example at the boundary line, as it could stand up again. You wouldn't want anyone near/ standing under/ the root if that happened.


  • Registered Users, Registered Users 2 Posts: 6,326 ✭✭✭Farmer Pudsey


    Is a landowner not legally entitled to cut branches overhanging his property?

    Yes a landowner is entitled to cut any branches etc that overhand his property. He is allowed to cut at the point they overhand his property. However he is obliged to return any branches/timber to the owner of he property where the trees grow.

    There is a question of whether he can charge the tree owner for the cost of doing this


  • Closed Accounts Posts: 8,657 ✭✭✭CountyHurler


    moy83 wrote: »
    How did you get on with the tree County Hurler ?

    Sorry lads, meant to get back and let ye know how I got on... The day after the last post on the thread I came home and found that the neighbour had it down.. He did a pretty good job, so I ended up having to do nothing at all.


  • Registered Users, Registered Users 2 Posts: 11,174 ✭✭✭✭Muckit


    What's brown and looks out the window?













    A nosey sh*te !!


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