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Fallen tree on boundary

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    #32
    Sam Kade
    Registered Users Posts: 12,313 ✭✭✭✭Sam Kade


    Farmer Pudsey wrote: »
    Incorrect the tree belong to whoever's land it grew on. Any branches overhanging your land you can cut at the bounds provided you return hime the branches/timber.



    I would think if he is on your land he is an uninvited guest. Therefore if anything happens it is his own liability. He is cutting up his own tree. Just because it is on your land is immaterial.
    If he asks for permission to cut the tree and you allow him in he is invited in otherwise it would be your word against his.


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    #33
    Farmer Pudsey
    Registered Users Posts: 6,326 ✭✭✭Farmer Pudsey


    Sam Kade wrote: »
    If he asks for permission to cut the tree and you allow him in he is invited in otherwise it would be your word against his.

    If he asked permission I be telling him that I will not interfere with him cutting but that if he enters my land he is an uninvited guest. I would outline the legal situtation to him.


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    #34
    TopCon
    Registered Users Posts: 40 ✭TopCon


    I spoke to my neighbour about the tree.

    He told me to work away cutting it as long as I brought him half the timber. cut and split mind you!!!

    So I cut the handiest and cleanest of it into logs and brought it to the yard. I then used the loader to lift the heaviest and the light stuff off it back onto the ditch to seal the gap. Did a fine job of sealing it off, if I may say so myself.

    He can f@@k off if he thinks I'm going to keep his toes warm, more than half of it is on the ditch if he wants it.

    Honestly he not the worst, but so mean and tight, always trying to be one step ahead and get one over on ya. That attitude drives me mental.

    Thanks for the advice all!!


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    #35
    O.A.P
    Registered Users Posts: 1,376 ✭✭✭O.A.P


    Good a fair out come. hope it warms you twice.


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    #36
    evolving_doors
    Closed Accounts Posts: 11,812 ✭✭✭✭evolving_doors


    O.A.P wrote: »
    Good a fair out come. hope it warms you twice.

    How is that fair? The agreement was they 'split' the wood... The op didn'tappear to have given the farmer his half... Instead he 'took half the neighbours wood to warm his own toes... 'getting one over' comes to mind!


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    #37
    Nekarsulm
    Registered Users Posts: 11,194 ✭✭✭✭Nekarsulm


    There was no agreement. The tree owner made an "Invitation to treat" the OP did not accept. The owner of the tree has half the tree back and the boundary damaged by his fallen property has been repaired, without him having to lift a finger. Seems about right. If the neighbour wants to take it to court, I wouldn't worry too much.


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    #38
    O.A.P
    Registered Users Posts: 1,376 ✭✭✭O.A.P


    Armelodie wrote: »
    How is that fair? The agreement was they 'split' the wood... The op didn'tappear to have given the farmer his half... Instead he 'took half the neighbours wood to warm his own toes... 'getting one over' comes to mind!

    That's about as fair as it gets . The neighbors tree falls into his field and breaks the fence.
    He clears it up mends the fence and keeps half the timber.
    His neighbor wanted it cut and split and left to his yard I suppose, now that's getting one over.
    How would he get on if it had fell out on the road?


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    #39
    evolving_doors
    Closed Accounts Posts: 11,812 ✭✭✭✭evolving_doors


    Nekarsulm wrote: »
    There was no agreement. The tree owner made an "Invitation to treat" the OP did not accept. The owner of the tree has half the tree back and the boundary damaged by his fallen property has been repaired, without him having to lift a finger. Seems about right. If the neighbour wants to take it to court, I wouldn't worry too much.


    HAve a look below for the 'agreement' . I've put it in bold and underlined..
    TopCon wrote: »
    I spoke to my neighbour about the tree.

    He told me to work away cutting it as long as I brought him half the timber. cut and split mind you!!!

    So I cut the handiest and cleanest of it into logs and brought it to the yard. I then used the loader to lift the heaviest and the light stuff off it back onto the ditch to seal the gap. Did a fine job of sealing it off, if I may say so myself.

    He can f@@k off if he thinks I'm going to keep his toes warm, more than half of it is on the ditch if he wants it.

    Honestly he not the worst, but so mean and tight, always trying to be one step ahead and get one over on ya. That attitude drives me mental.

    Thanks for the advice all!!

    Look this aint going to court.. however... the OP said that the neighbour was ' always trying to be one step ahead and get one over on ya. ' however in fairness the neighbour is still waiting for his half of the wood ! If that isn;t a broken agreement that creates animosity between neighbours then I don;t know what is.


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    #40
    mf240
    Registered Users Posts: 4,850 ✭✭✭mf240


    Lads this is all getting very complicated sounds like a job for the "Special branch"


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    #41
    evolving_doors
    Closed Accounts Posts: 11,812 ✭✭✭✭evolving_doors


    O.A.P wrote: »
    That's about as fair as it gets . The neighbors tree falls into his field and breaks the fence.
    He clears it up mends the fence and keeps half the timber.
    His neighbor wanted it cut and split and left to his yard I suppose, now that's getting one over.
    How would he get on if it had fell out on the road?

    Falling on the road is a different matter... Your above opinion is moot because it goes against the 'agreement' that was agreed to!


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    #42
    O.A.P
    Registered Users Posts: 1,376 ✭✭✭O.A.P


    Armelodie wrote: »
    Falling on the road is a different matter... Your above opinion is moot because it goes against the 'agreement' that was agreed to!
    The op did not agree obviously


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    #43
    zoe 3619
    Registered Users Posts: 624 ✭✭✭zoe 3619


    Believe anything on youre side of the boundary to be yours.you can't take the whole tree,but cut it where the fence should be,replace the fence and keep the wood.have heard of this before in relation to people keeping fruit etc from overhanging trees.had to cut up a few trees ourselves after recent winds.all we're growing on other folks land but blocked our lane when they fell.cut enough up to be able to get cars out.no complaints.if you feel you can't do that,put the onus in him to make the fence right.


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    #44
    farmersfriend
    Registered Users Posts: 507 ✭✭✭farmersfriend


    TopCon wrote: »
    I spoke to my neighbour about the tree.

    He told me to work away cutting it as long as I brought him half the timber. cut and split mind you!!!

    So I cut the handiest and cleanest of it into logs and brought it to the yard. I then used the loader to lift the heaviest and the light stuff off it back onto the ditch to seal the gap. Did a fine job of sealing it off, if I may say so myself.

    He can f@@k off if he thinks I'm going to keep his toes warm, more than half of it is on the ditch if he wants it.

    Honestly he not the worst, but so mean and tight, always trying to be one step ahead and get one over on ya. That attitude drives me mental.

    Thanks for the advice all!!

    I think u did the right thing. id say he was chancing his arm asking u to cut and split it for him. Gap is fixed. Tree is sorted. mess cleaned up. Everyone happy


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    #45
    TopCon
    Registered Users Posts: 40 ✭TopCon


    Nekarsulm wrote: »
    There was no agreement. The tree owner made an "Invitation to treat" the OP did not accept.

    Exactly. At no point did I agree to cut, split and deliver half the tree to him. I merely laughed him off when he insisted I do such. The reason being to avoid confrontation.

    If he now wants to sue me for stealing half his tree I can only do my best to defend myself.

    As far as I'm concerned any timber logs in my yard are from my own trees. I merely cut up that paticular tree and pushed it all neatly to the ditch for him to do as he pleases...

    I have never been a source of grief to this neighbour ( to my knowledge) and I'm sick of him being indifferent and shrugging his shoulders when his stock break into my land.

    Under no circumstances would I let same person onto my land with a chainsaw. I thought long and hard about this and felt it was the best thing to do.

    If it was any other of the four farms bounding me this would never have been an issue.


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    #46
    evolving_doors
    Closed Accounts Posts: 11,812 ✭✭✭✭evolving_doors


    Fair enough op if thats the endof it then so be it. Id agree he orobably would have left it rot anyway. I think I would have done the same with the tree (but not gone near him to give him cause to bargain).


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