Hedge trespass planted on wrong side

singlefather

Trying to find the relevant irish law/statute regarding the following.
I own a laneway to my property that is also the access to a number of other houses. These houses all have a right of way to use this laneway. One of these houses bordering the lane was sold recently and the new owner decided to plant a new hedge between themselves and the lane on the grass verge. Before they started planting they were advised by me off the boundary line from my deeds (which state actual width in ft of strip of my land comprising tarmac and grass verge) but they chose to ignore it and went ahead and planted the hedge a foot in on my side. They have refused to move it and I am well aware of the expense of a legal fight and believe they are trying it on. Can anyone point me to the correct laws regarding trespass and boundaries so that if I uprooted this hedge and he calls the guards, it is less likely I'll be arrested for criminal damage etc. Thanks

nuac

Mod
Sorry, solicitor time, especially if you propose uprooting the hedge
Subject to rule against legal advice leaving open for general discussion

singlefather

nuac wrote: »

Mod
Sorry, solicitor time, especially if you propose uprooting the hedge
Subject to rule against legal advice leaving open for general discussion

Yes I will be engaging a solicitor but was looking for tips in dealing with guards if they are called as I remove the hedge. It's blocking the passage of vehicles with wide loads (oil truck) and I'm concerned a guard not familiar with the law will side with the hedge planter.

ganmo

singlefather wrote: »

Yes I will be engaging a solicitor but was looking for tips in dealing with guards if they are called as I remove the hedge. It's blocking the passage of vehicles with wide loads (oil truck) and I'm concerned a guard not familiar with the law will side with the hedge planter.

You own the ground, they own the hedge if ya cut it it might be looked at as criminal damage. Better to get the oil truck to roll over it...ya know by accident

the_pen_turner

if i as a tradesman go into someone property and fit something and they refuse to pay i cant legally remove it. it becomes there irrelivent of if they paid or not. surely this is the same. they permanantly fixed something on the OPs property. its now theirs.


i think i would wait until hedge cutting time and re establish all the boundries and access for vehicles along your property

singlefather

the_pen_turner wrote: »

if i as a tradesman go into someone property and fit something and they refuse to pay i cant legally remove it. it becomes there irrelivent of if they paid or not. surely this is the same. they permanantly fixed something on the OPs property. its now theirs.


i think i would wait until hedge cutting time and re establish all the boundries and access for vehicles along your property

I'm a little worried that I would be accused of damaging their hedge even though it has been unlawfully planted on my side of the boundary line despite being warned not to do so.

Peregrinus

ganmo wrote: »

You own the ground, they own the hedge . . . .

They do not own the hedge. On the facts stated in the OP, the OP owns it.

The OP intends to engage a solicitor, and this shows exactly why he should not only engage a solicitor, but take his advice from the solicitor and not from the likes of us.

Discodog

Would it not be best to get a surveyor to mark the boundary & confirm that you own the land. Then serve written notice to remove the hedge, final warning & then remove it. Visit & notify the local Guards before removal.

singlefather

Discodog wrote: »

Would it not be best to get a surveyor to mark the boundary & confirm that you own the land. Then serve written notice to remove the hedge, final warning & then remove it. Visit & notify the local Guards before removal.

Yes thank you, this has already been done. Had it surveyed, sent a warning letter of their wrong doing after they planted it but no response.

I want to avoid going to court because of the costs involved, and am happy to assert my legal right to remove (not destroy - roots not established yet) the hedge but my local guard is an ignorant unhelpful type and unpredictable. Just looking for advice on what law the guard is likely to invoke if he is called while I am removing the hedge. I don't wish to be falsely accused/arrested.

singlefather

Peregrinus wrote: »

They do not own the hedge. On the facts stated in the OP, the OP owns it.

The OP intends to engage a solicitor, and this shows exactly why he should not only engage a solicitor, but take his advice from the solicitor and not from the likes of us.

Can you explain why you believe I own the hedge?

Peregrinus

Odds are that the guards will not wish to become involved. Property disputes, boundary disputes, etc - the guards very much take the view (correctly) that these are private matters that neighbours need to solve amicably, or through the civil courts.

The most likely scenario for an arrest is that there is some kind of confrontation while you are removing the hedge, the guards are called, someone - not necessarily you - is arrested for some public order offence. Best to avoid this, if possible - both the confrontation and the arrest. That suggests that, when the hedge is removed, it should be done quickly and quietly.

I'd be inclined to ask the neighbour to remove the hedging plants by such-and-such a date and say that he is welcome to replant them on his own side of the boundary line. Also say that, if he doesn't want to remove and replant the hedge, you will remove and dispose of it, but don't give any indication as to when you will do so.

If you do remove the hedge you are not obliged to do so in a way that preserves the hedging plants, or to return the hedging plants to him; they belong to you now. On the one hand, removing the hedge in such a considerate manner might help to preserve relations with your neighbour and might help to establish your bona fides if this whole thing does end up in court. On the other hand, it might militate against the objective of removing the hedge very quickly, before your neighbour can intervene in the operation or persuade the guards to come out. So there are considerations that lean both ways on this and you should definitely be taking legal advice before you act.

Peregrinus

singlefather wrote: »

Can you explain why you believe I own the hedge?

Because you own the land, and growing crops/plants are part of the land; they are not owned separately from the land they are on.

Somebody who improves your land by building a house on it, or planting trees, or whatever, is enhancing the value of your asset, not acquiring an asset of their own.

seagull

Send them a letter stating they have [2 weeks] to remove the hedge from your property, after which you will move it yourself, and dispose of as you see fit. Can you make use of a hedge somewhere else? If yes, then remove it carefully. If no, rip it out with no care at all. You've already tried being nice and been ignored, so it sounds like you're unlikely to have good relations with this set of neighbours anyway.

The hedge is on your property, so you are fully entitled to remove it.

Marcusm

the_pen_turner wrote: »

if i as a tradesman go into someone property and fit something and they refuse to pay i cant legally remove it. it becomes there irrelivent of if they paid or not. surely this is the same. they permanantly fixed something on the OPs property. its now theirs.


i think i would wait until hedge cutting time and re establish all the boundries and access for vehicles along your property

The opposite is generally true with land law; if you attach or embed something in someone else’s land, your asset/property will vest in the owner of the land, not vice versa.

Peregrinus

Marcusm wrote: »

The opposite is generally true with land law; if you attach or embed something in someone else’s land, your asset/property will vest in the owner of the land, not vice versa.

That's not the opposite; that's what pen turner said.

Discodog

singlefather wrote: »

Yes thank you, this has already been done. Had it surveyed, sent a warning letter of their wrong doing after they planted it but no response.

I want to avoid going to court because of the costs involved, and am happy to assert my legal right to remove (not destroy - roots not established yet) the hedge but my local guard is an ignorant unhelpful type and unpredictable. Just looking for advice on what law the guard is likely to invoke if he is called while I am removing the hedge. I don't wish to be falsely accused/arrested.

I would ignore him & write directly to the Superintendent.

Glass fused light

Discodog wrote: »

I would ignore him & write directly to the Superintendent.

Expect the Super to take the view that if there is no criminal activity, eg breach of the peace or criminal damage, go to civil court and let the judge decide.

If you are going to remove the hedge it may be better to preempt the neighbours angry call to the station and drop in before hand with the documentation to give the Garda the heads up that you have arranged for a verge gutting cutting for the whole of the lane.

The only other random issue i can think of is the legistation around cutting hedges during the nesting season, which I think is a criminal offence under the wild life acts?