Hedge and Neighbours

Foxyb1234

Long story short ... my parents died and we have a house with a garden to manage. All going ok except for one set of neighbour who despite me saying no removed a boundary hedge. Their premise was thaf it was full of brambles. The hedge in question had for years been damaged by their kids running though it. My poor mum was sick so we let it go but clearly they took that as license to do whatever they wanted. They swifty recieved a letter from me telling them to replace the hedge which was over 50 years old. The did with a cheap and nasty one giving no privacy whatsoever. Now 2 years on they have taken mature down trees which were on another part of the boundary. Upset beyond measure as garden looks completely different now as they were quite large and beautiful. What can I do to stop this permanently?

Victor

Talk to your solicitor. Changes to boundaries are meant to have agreement of both parties.

Have a look here: http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/html - certainly if it is a boundary structure some agreement is needed.

Markcheese

We're the hedges and trees planted on your side of the boundary or theirs? Or on the actual boundary line..?
Are their many more trees, or boundary features they could wreck or remove...
Next thing is, how far are you prepared to go / happy to go... If the neighbour in question is gonna just do whatever they want on the boundary, what next, how far down the court and injunction route are you prepared for, and it's stress s and costs...
It'll be a long process, There'll be all sorts of B.S. reasons as to why they removed hedge and trees.. And at the end of the day what'll you gain..
On the other hand, A solicitors letter instructing them to replace the mature trees ( its possible, just really really expensive) may just put them off making any more unilateral changes..
Good luck.

BryanF

Foxyb1234 wrote: »

neighbour who despite me saying no removed a boundary hedge.

which side of the boundary was the hedge planted on?

letter from me telling them to replace the hedge .

Did you specify like for like replacement?

ow 2 years on they have taken mature down trees which were on another part of the boundary.

Can you be clear are they on your side or Neighbours side of the boundary?

What can I do to stop this permanently?

this is a civil mater. Landscaped ‘Boundary’ as described and/or disputes of this type with neighbours are not easily solved amicably. sentimentality takes over and muddys the issue.

If you plan on selling the property, you would be best to ensure there are NO legal disputes with your neighbors.

Pkiernan

Sue them for the full reinstatement cost of the trees.

Calahonda52

Victor wrote: »

Talk to your solicitor. Changes to boundaries are meant to have agreement of both parties.

Have a look here: http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/html - certainly if it is a boundary structure some agreement is needed.

Its chapter 3
http://www.irishstatutebook.ie/eli/2009/act/27/section/43/enacted/en/html#part8-chap3

extract: location is key here: as are hard copy fotos with negatives, not digital, not accepted in court.

“party structure” means any arch, ceiling, ditch, fence, floor, hedge, partition, shrub, tree, wall or other structure which horizontally, vertically or in any other way—


(a) divides adjoining and separately owned buildings, or


(b) is situated at or on or so close to the boundary line between adjoining and separately owned buildings or between such buildings and unbuilt-on lands that it is impossible or not reasonably practical to carry out works to the structure without access to the adjoining building or unbuilt-on land,


and includes any such structure which is—


(i) situated entirely in or on one of the adjoining buildings or unbuilt-on lands, or


(ii) straddles the boundary line between adjoining buildings or between such buildings and unbuilt-on lands and is either co-owned by their respective owners or subject to some division of ownership between them;


“ works ” include—


(a) carrying out works of adjustment, alteration, cutting into or away, decoration, demolition, improvement, lowering, maintenance, raising, renewal, repair, replacement, strengthening or taking down,


(b) cutting, treating or replacing any hedge, tree or shrub,


(c) clearing or filling in ditches,


(d) ascertaining the course of cables, drains, pipes, sewers, wires or other conduits and clearing, renewing, repairing or replacing them,


(e) carrying out inspections, drawing up plans and performing other tasks requisite for, incidental to or consequential on any works falling within paragraphs (a) to (d);