Tree on public land outside house

Redsoxfan

We live in (and own) a semi-detached house in a housing estate.

There is a footpath and a strip of grass between the wall in our front garden and the road through the housing estate. The footpath is nearer the house, the grass is nearer the road. The width of the footpath and strip of grass is around two metres I suppose.

The estate's roads and lighting are maintained by the Council but residents pay to maintain the grass and trees via a voluntary subscription to the Resident's Association. There is no management company.

There is a tree growing in the strip of grass that fronts our house (and our neighbour's).

We would like to cut this tree down.

Do we need permission to do so? If so, from whom?

(In case it matters, both ourselves and our neighbour park under the tree, the sap and leaves ruin the cars - please don't suggest moving the cars, if this was an option, we would do so).

goz83

I am in the very same situation. Would love to know what the options are here. Birds also constantly sh1tting from tree onto cars and onto garden wall. It's disgusting and gets worse each year as the tree continues to get taller and wider. But i have a feeling the hitler squad (residents association) would have a book to write about it. Nothing but a bunch of nay sayers.

Marcusm

The tree belongs to whoever owns the common parts of the estate; this may be the original builder or, less likely, it may have been placed in the joint ownership of the various house owners. Cutting down or trimming someone else's trees us generally criminal damage and in advisable. A slightly different issue arises for any part of the tree which is growing on your land. Do a PRAI search to establish ownership - the map search is best for this.

Redsoxfan

Marcusm wrote: »

The tree belongs to whoever owns the common parts of the estate; this may be the original builder or, less likely, it may have been placed in the joint ownership of the various house owners. Cutting down or trimming someone else's trees us generally criminal damage and in advisable. A slightly different issue arises for any part of the tree which is growing on your land. Do a PRAI search to establish ownership - the map search is best for this.

Ok, I have the folio number from the map - when I purchase 'view folio' this will tells me who owns it?

Is it reasonable to assume that if the roads in the estate are part of the same folio and the roads are maintained by the Council, then the Council owns the land?

K.Flyer

Get in touch with your residents association and ask them to look into the matter for you.
If that doesn't work, go to your local council office and ask them if they can at least prune the tree back.

goz83

K.Flyer wrote: »

Get in touch with your residents association and ask them to look into the matter for you.
If that doesn't work, go to your local council office and ask them if they can at least prune the tree back.

I sincerely doubt the residents association, or the council will do anything. The council especially will just say that the road is a public one. The tree is on a public road and the parking of vehicles is done at the owners risk. I wish they had put a lamp post outside my garden :mad:

John from ennis

stick a rusty nail into the tree...

BornToKill

Buy a cover for your car.

dharma200

Cover your car. To cut down a living tree because it markes your hump of metal is criminal in my opinion.

K.Flyer

goz83 wrote: »

I sincerely doubt the residents association, or the council will do anything. The council especially will just say that the road is a public one. The tree is on a public road and the parking of vehicles is done at the owners risk. I wish they had put a lamp post outside my garden :mad:

Have you tried to ask them?

spider_pig

I had this issue before, I had a tree outside blocking the drive way so I rang the council and you have to fill in a form and wait for a decision to get I taken out

So a Long story short I came home drunk one night and took a saw to it and left it there
The council came out the next day and took it away and cemented over the remains

goz83

K.Flyer wrote: »

Have you tried to ask them?

What do you suggest i would argue?

Sulla Felix

Regardless of who owns the thing, if it's over a certain age you require permission from the state to chop it down.

tayto lover

Sulla Felix wrote: »

Regardless of who owns the thing, if it's over a certain age you require permission from the state to chop it down.

Yes but you could cut it down very early in the morning and plead ignorance. Just say it was dangerous and about to fall and you did it for safety reasons.

Redsoxfan

Sulla Felix wrote: »

Regardless of who owns the thing, if it's over a certain age you require permission from the state to chop it down.

Really? Does this apply to all trees, no matter where they are located? (public vs private land)

coylemj

Just chop it down, that's what people in my estate did with trees that were blocking light. The residents association don't have any legal standing so I fail to see what they have to do with it and the suggestion that it has some protection by virtue of being of a certain age and that 'you need permission from the state to chop it down' is complete nonsense.

Councils don't go around doing a census of trees in housing estates, they will trim a tree if asked but if a tree on public ground in a housing estate was there yesterday and isn't there today, nobody in the council will notice or care about it.

uck51js9zml2yt

Tried umpteen times to get a tree outside my house cut down.
The parks dept were responsible and said it was healthy and in keeping with the area.
Even Bertie couldn't get it removed.
It blocks the light but we are not entitled to light inside the house apparently

K.Flyer

goz83 wrote: »

What do you suggest i would argue?

Not suggesting you "argue" with them, I am suggesting you approach them and explain your situation and ask them if its not possible to have it removed then could they at least prune it back.
You never know, its how you approach these matters and who you get on the day.
You could even bring it up with one of your newly elected councillors and see if they can help you.

Sulla Felix

Redsoxfan wrote: »

Really? Does this apply to all trees, no matter where they are located? (public vs private land)

Looks like I was remembering only snippets of the actual facts.
Here's the regs http://www.teagasc.ie/forestry/advice/felling_licences.asp
Not applicable in this scenario I think so chop chop chop away OP!

No Pants

spider_pig wrote: »

I had a tree outside blocking the drive way

Someone planted a tree in your driveway?

spider_pig

No Pants wrote: »

Someone planted a tree in your driveway?

It wasn't always a driveway

No Pants

spider_pig wrote: »

It wasn't always a driveway

Someone decided to build a driveway through a tree?

Ken.

Remove the tree and replace it with a small bush/shrub and trim it yourself to keep it neat.

Whosthis

Redsoxfan wrote: »

We would like to cut this tree down.

(In case it matters, both ourselves and our neighbour park under the tree, the sap and leaves ruin the cars

goz83 wrote: »

Birds also constantly sh1tting from tree onto cars and onto garden wall. It's disgusting and gets worse each year as the tree continues to get taller and wider.

Stupid nature, always getting in the way.