Advice re right of way

flatty

I wonder would any of ye have any advice?
I bought thirty acres a couple of years ago back near where I grew up. I'm.based abroad at present but bought it mainly because I love lying in bed at night thinking about it, and knowing I "own" a piece of where I consider home. I tend to rent it pretty cheap to a local farmer.
Anyhow, I was contacted a couple of weeks back by my solicitor. There is an old wrecked maybe 1940-60 style house which has a right of way along one boundary of my land. I've no problem with this. The lane leads off a road and ends at one of the several old famine type cottage ruins on "my" land.
Anyhow, down one side of the right of way (the side of my land rather than the boundary) are a row of huge old conifers, well over a hundred years old I was told, not that I'd know. The man asking to speak to me has bought the derelict 1960's place, and has a right of way to his gate along the lane. He has emailed saying that two of the trees are leaning and "a danger to everyone"
He says he has had a tree Surgeon up to look at them, and wants me to go and meet him and the tree Surgeon.
I doubt I'll be home for a few months anyhow, but I was wondering what to do. I have no great sentimental attachment to the trees,but the kids like them. I suspect he's going to want me to pay to have them felled. They are old and big and it'd seem a shame. I don't want to fall out with potentially a neighbour, but does anyone know how I should approach this?
I'd be grateful if anyone had any ideas/experience.

Kristopherus

Can you find out if he'd have any use for the trees as firewood? If so, the cheapest route for you might be for him to cut down the trees and get the Tree Surgeon to cut them into 10in blocks. You could then offer him that wood for free in lieu of paying the T.S.

flatty

I don't really mind paying to have them cut, but if I was doing two, I might as well cut them all down and have done with it,I suppose, which would be a shame. They were there long before any of us.
The wood is a good idea though. My dad would take some for sure. There'd be loads. The trees are huge old pine trees.

kerry cow

Most of the time the cost of taking them down out weights the worth of the wood .and can be a awful lot of work .
I would like to keep in with the neighbours any but would put it to him if he pays the surgeon and your father gets the trees , then work away , otherwise we ll leave them for the time been .no skin off your nose yet you did make him a offer and unless he's a donkey he should close his hand on it .At the end of the day it's him who came to you .As he has engaged a surgeon it's likely we would gladly pay him .It's sometimes not about the money but a bit of two respect .

Bog Man 1

If the trees are not dangerous do not cut them down . Plant trees before you think of cutting them down . Every tree must fall sometime but there could be a good fifty years left in them . Poor areas in City's never have trees but rich areas always have .

Pat Mustard

flatty wrote: »

He says he has had a tree Surgeon up to look at them, and wants me to go and meet him and the tree Surgeon.

I wouldn't offer to pay for anything at the moment.

Do you have a family member or trusted friend who could meet this man and his tree surgeon? If so, get them to go to the meeting and ask them to bring a camera to take photos.

If you don't have anyone who can make it to the meeting, then get hold of this man's contact details and explain that to him.

What did your solicitor have to say about it?

flatty

kerry cow wrote: »

Most of the time the cost of taking them down out weights the worth of the wood .and can be a awful lot of work .
I would like to keep in with the neighbours any but would put it to him if he pays the surgeon and your father gets the trees , then work away , otherwise we ll leave them for the time been .no skin off your nose yet you did make him a offer and unless he's a donkey he should close his hand on it .At the end of the day it's him who came to you .As he has engaged a surgeon it's likely we would gladly pay him .It's sometimes not about the money but a bit of two respect .

I suspect that if he was willing to pay, he wouldn't be suggesting us all meeting up with some tree surgeon he has already spoken to.
My inclination really is not to do anything at the moment, mainly as I haven't the time or energy to go over to sort it out.

SILVAMAN

While I commend your desire to accommodate your neighbour, I'd suggest you take what he says with a pinch of salt.
Possibly the trees were leaning for years-maybe they have grown that way. He has no right to touch a thing on your land, nor has anyone a right to go on the land to survey your trees.
If the trees are more than 100 feet from the house, cut nothing until you get a felling licence, or at least ask the local forest inspector to come out and see if he will exempt the felling of the trees should they need to come down.
Let the guy take them down at his own expense.
Sounds to me like there is trouble coming to live near you. Next he will be telling you what and what not to do, to plant or not to plant, to spread slurry or not.
This guy has bought a property and to get to it he must cross your land. His rights are pretty limited, but he will seek to push the envelope you can be sure, and will probably ask you to sign a paper allowing the council to take the road into its care.
Know the extent of the right of way, if it is marked on the folio, the width and what can actually pass over it.
Clearly mark your bounds.
It's good to be neighbourly, but often times nice guys get screwed.

Del2005

flatty wrote: »

I don't really mind paying to have them cut, but if I was doing two, I might as well cut them all down and have done with it,I suppose, which would be a shame. They were there long before any of us.
The wood is a good idea though. My dad would take some for sure. There'd be loads. The trees are huge old pine trees.

How far from the house are the trees? After a certain distance, I think 300m but could be totally wrong, you need permission to cut them down. So even if you agree to cut the 2 you might not be able to cut the rest.

FishOnABike

Del2005 wrote: »

How far from the house are the trees? After a certain distance, I think 300m but could be totally wrong, you need permission to cut them down. So even if you agree to cut the 2 you might not be able to cut the rest.

Needs to be within 100 feet of a dwelling to qualify for an exemption from a tree felling licence. https://www.agriculture.gov.ie/forestservice/treefelling/legalrequirementsfortreefelling/

Crow Pigeon and Pheasant

SILVAMAN wrote:

While I commend your desire to accommodate your neighbour, I'd suggest you take what he says with a pinch of salt. Possibly the trees were leaning for years-maybe they have grown that way. He has no right to touch a thing on your land, nor has anyone a right to go on the land to survey your trees. If the trees are more than 100 feet from the house, cut nothing until you get a felling licence, or at least ask the local forest inspector to come out and see if he will exempt the felling of the trees should they need to come down. Let the guy take them down at his own expense. Sounds to me like there is trouble coming to live near you. Next he will be telling you what and what not to do, to plant or not to plant, to spread slurry or not. This guy has bought a property and to get to it he must cross your land. His rights are pretty limited, but he will seek to push the envelope you can be sure, and will probably ask you to sign a paper allowing the council to take the road into its care. Know the extent of the right of way, if it is marked on the folio, the width and what can actually pass over it. Clearly mark your bounds. It's good to be neighbourly, but often times nice guys get screwed.

+1

flatty

Thanks very much indeed for your time and trouble everyone. This is a great place thanks to you all.
I wonder what constitutes a "dwelling".
This place is well derelict.

ganmo

http://touch.boards.ie/thread/2056461439

Good loser

SILVAMAN wrote: »

While I commend your desire to accommodate your neighbour, I'd suggest you take what he says with a pinch of salt.
Possibly the trees were leaning for years-maybe they have grown that way. He has no right to touch a thing on your land, nor has anyone a right to go on the land to survey your trees.
If the trees are more than 100 feet from the house, cut nothing until you get a felling licence, or at least ask the local forest inspector to come out and see if he will exempt the felling of the trees should they need to come down.
Let the guy take them down at his own expense.
Sounds to me like there is trouble coming to live near you. Next he will be telling you what and what not to do, to plant or not to plant, to spread slurry or not.
This guy has bought a property and to get to it he must cross your land. His rights are pretty limited, but he will seek to push the envelope you can be sure, and will probably ask you to sign a paper allowing the council to take the road into its care.
Know the extent of the right of way, if it is marked on the folio, the width and what can actually pass over it.
Clearly mark your bounds.
It's good to be neighbourly, but often times nice guys get screwed.

It depends on the circumstances but I would not agree much with that advice

IMO if a tree is dangerous get it knocked asap; doubly so if you are told it was dangerous (and by a tree surgeon at that) it would be foolish (insurance wise) to ignore such advice. Could damage persons or property.

Again it depends on circs but I would be inclined to knock all the trees. Could you ask for photos sent by phone or e mail?

FishOnABike

Good loser wrote: »

It depends on the circumstances but I would not agree much with that advice

IMO if a tree is dangerous get it knocked asap; doubly so if you are told it was dangerous (and by a tree surgeon at that) it souls be foolish (insurance wise) to ignore such advice. Could damage persons or property.

Again it depends on circs but I would be inclined to knock all the trees. Could you ask for photos sent by phone or e mail?

The requirement for a felling notice / licence is one bit of advice it would not be wise to ignore.

Illegal felling of trees can attract significant penalties, a fine per tree felled, up to two years imprisonment and possibly a requirement to replant any unlawfully felled trees.

Whatever is done make sure it is done the right way.

Unless any of the trees are assessed as being dangerous I don't see any benefit in going to the expense of having them (legally) removed just for the sake of it.

SILVAMAN

Good loser wrote: »

It depends on the circumstances but I would not agree much with that advice

IMO if a tree is dangerous get it knocked asap; doubly so if you are told it was dangerous (and by a tree surgeon at that) it would be foolish (insurance wise) to ignore such advice. Could damage persons or property.

Again it depends on circs but I would be inclined to knock all the trees. Could you ask for photos sent by phone or e mail?

If the trees are dangerous, it's clear that they need to be dealt with.
My concern is, and I speak from ample right of way experience, that the house owner will seek to expand his rights at the diminution of the landowner's rights.
Beware of Greeks bearing gifts, etc.

flatty

Just to clarify, I haven't been told anything by a tree surgeon. I don't know whether these ancient trees are dangerous or not.
They were there a hundred years ago, so certainly before this gent bought the derelict house.
I think I'll get an opinion from someone independent, and take it from there.
One of them is within a hundred feet of the house, but the house is completely derelict.