Tree overgrowing into my garden

holyhead

The back of my estate runs parallel to a field, essentially a farmers field. There is a 3 foot old stone wall directly behind which grows this tree. This tree is up against the back wall of my property which has been growing for years. The problem is the tree continues to grow into my property and he has show no inclination of his own to either cut it back to the wall or remove it. My house is the only one of about 14 in a row affected by this. What are my options?

elperello

holyhead wrote: »

The back of my estate runs parallel to a field, essentially a farmers field. There is a 3 foot old stone wall directly behind which grows this tree. This tree is up against the back wall of my property which has been growing for years. The problem is the tree continues to grow into my property and he has show no inclination of his own to either cut it back to the wall or remove it. My house is the only one of about 14 in a row affected by this. What are my options?

First move is to talk to the farmer and outline your concerns.

the_pen_turner

pay someone to cut back to the boundry
ask farmer to pay to cut it
offer to pay the farmer to have it cut down
get someone out to have a look and see if its dangerous and has to be taken down

holyhead

Just reading that if I pay for the tree to be pruned back to the wall I have to offer the cuttings to the farmer. Interesting!

Water John

That's the order, talk to him, outline the problem. He offers to cut it back or he doesn't. He may let you cut it. You then cut it and offer him the cuttings.
He more than likely tells you cut it yourself and you at the same time ask him does he want the cuttings.

elperello

holyhead wrote: »

Just reading that if I pay for the tree to be pruned back to the wall I have to offer the cuttings to the farmer. Interesting!

Yes that's the law but he doesn't have to take them.

What sort of tree is it and how high?

holyhead

Shouldn't he have simply removed the tree once the estate was being built. There was no way for the tree to have a natural life without it growing into an adjoining property.

holyhead

elperello wrote: »

Yes that's the law but he doesn't have to take them.

What sort of tree is it and how high?

I'm not too familiar with types of trees to be honest. It would be the height of the house pretty much. It's far enough away not for me to have an argument in terms of light. But I would imagine it's removal would brighten up my house.

Is there any circumstances in which I cut the tree back to my side of the boundary wall he could come back at me over it?

Why should I have to cut back the tree. Can the farmer be compelled to do so?

Sleeper12

holyhead wrote:

Shouldn't he have simply removed the tree once the estate was being built. There was no way for the tree to have a natural life without it growing into an adjoining property.

The tree was there first in fairness.

Some trees have protection orders or something similar.

I'm in Dublin 5 and a lot of trees are protected. They tend to be cut back or cut down on bank holiday weekends when it can't be reported to the council till its done.

holyhead

Sleeper12 wrote: »

The tree was there first in fairness.

I have nothing against the tree except that it is right on a boundary wall. Mine is the only house affected.

elperello

He probably just didn't bother cutting it when the estate was going up rather than left it there for any reason.

You presumably bought the house with the tree there.

There is a good bit of firewood in a tree that size and farmers usually like a bit of firing so he might be happy to knock it.

Have a friendly chat and see how it goes.

holyhead

What is the logic behind offering the owner of the tree cuttings?

elperello

holyhead wrote: »

What is the logic behind offering the owner of the tree cuttings?

Technically they are his property as he owns the tree.

holyhead

elperello wrote: »

Technically they are his property as he owns the tree.

Fair point. However it does seem hassle considering I don't want to have to be cutting down branches of someone else's trees which shouldn't be crossing over into my back garden. Does he not as the owner of the tree have an obligation to ensure it does not encroach on other people's property?

elperello

holyhead wrote: »

Fair point. However it does seem hassle considering I don't want to have to be cutting down branches of someone else's trees which shouldn't be crossing over into my back garden. Does he not as the owner of the tree have an obligation to ensure it does not encroach on other people's property?

That's the trouble with boundaries, they lead to situations like this.
Over time law has developed to deal with most of them.
He has no obligation but the tree is only going to get bigger and possibly cause him more grief if it comes down in a storm or branches fall.
Farmers tend to have chainsaws, tractor & trailer etc. It's probably not as much of a big deal to him to cut it.
As I said, have the chat.

holyhead

Interesting he has no obligation re the tree. My hands are tied if he doesn't play ball re the tree. From what neighbours tell me he is quick to notice if cut grass goes over into his field yet he doesn't extend the equivalent regard to those on the other side.

elperello

holyhead wrote: »

Interesting he has no obligation re the tree. My hands are tied if he doesn't play ball re the tree. From what neighbours tell me he is quick to notice if cut grass goes over into his field yet he doesn't extend the equivalent regard to those on the other side.

It's not that he has no obligation.
If it or part of it falls into your place and does damage he will be liable and he most likely knows that.

The grass thing is understandable. No farmer will want people throwing stuff over the wall into his land.

holyhead

elperello wrote: »

It's not that he has no obligation.
If it or part of it falls into your place and does damage he will be liable and he most likely knows that.

The grass thing is understandable. No farmer will want people throwing stuff over the wall into his land.

We all protect our own patch. I get that. I don't know where he lives but sometimes see him cutting the field with a tractor. I may approach him so and hope he is reasonable.

Sheep breeder

holyhead wrote: »

Interesting he has no obligation re the tree. My hands are tied if he doesn't play ball re the tree. From what neighbours tell me he is quick to notice if cut grass goes over into his field yet he doesn't extend the equivalent regard to those on the other side.

The tree is a landscape feature and he cannot interfere with it. As for the cut grass if the farmer was throwing it into your garden would you be happy 😊

bertsmom

holyhead wrote:

Interesting he has no obligation re the tree. My hands are tied if he doesn't play ball re the tree. From what neighbours tell me he is quick to notice if cut grass goes over into his field yet he doesn't extend the equivalent regard to those on the other side.

It sounds like the tree was there before the houses. I too would be quick to notice if cut grass was thrown over my wall. Nobody has the right to just throw what they don't want into someone else's property regardless of whether it is cut grass or domestic refuse, cut grass can cause problems for farm animals.
He probably hasn't given the tree any thought why not just approach him in a reasonable manner bearing in mind he has no legal obligation to do as you ask.
You catch more flies with honey than vinegar...but if you approach lecturing about how he isn't "extending regard" to you I can imagine you could be told to jog on.

elperello

holyhead wrote: »

We all protect our own patch. I get that. I don't know where he lives but sometimes see him cutting the field with a tractor. I may approach him so and hope he is reasonable.

If you enquire locally someone will know where he lives.

If the tree is close to the wall it may damage the wall as it grows as well.
When you talk to him make it clear that you both have a problem and you want to sort it amicably.

holyhead

Sheep breeder wrote: »

The tree is a landscape feature and he cannot interfere with it. As for the cut grass if the farmer was throwing it into your garden would you be happy 😊

I'm not throwing grass into his field. When you say he cannot interfere with it it is simply allowed to overgrow into someone else's property?

holyhead

bertsmom wrote: »

but if you approach lecturing about how he isn't "extending regard" to you I can imagine you could be told to jog on.

He doesn't want foreign material appearing on his land. Fair enough. Yet he doesn't mind a tree of his growing into someone else's property!

bertsmom

Trees grow... I believe that doesn't actually break any law....shocking really!

holyhead

The main reason I didn't approach him since I bought the house is I didn't know who owned the field, and given the field's location in the middle of a town I expected at some point the field would turn into houses.

holyhead

bertsmom wrote: »

Trees grow... I believe that doesn't actually break any law....shocking really!

I don't mind where the tree grows as long as it's not into my back garden!

bertsmom

holyhead wrote:

I don't mind where the tree grows as long as it's not into my back garden!

Well then you have already been given the correct advice! Cut what overhangs into your garden and then offer him back the clippings.....It's NOT rocket science!

Graniteville

Look at it this way.

Your view - the tree is the dominant feature of my small garden.

Farmer view - what tree. Oh that little dot over there.


Basically, you have the issue, and a valid one. But the farmer neither knows nor probably cares.

Find out who it is and engage with them. The right approach will give the right answer.

holyhead

Graniteville wrote: »

Look at it this way.

Your view - the tree is the dominant feature of my small garden.

Farmer view - what tree. Oh that little dot over there.


Basically, you have the issue, and a valid one. But the farmer neither knows nor probably cares.

Find out who it is and engage with them. The right approach will give the right answer.

As you say he may not care. We all look out for our own patch!

893bet

elperello wrote: »

It's not that he has no obligation.
If it or part of it falls into your place and does damage he will be liable and he most likely knows that.

The grass thing is understandable. No farmer will want people throwing stuff over the wall into his land.

Is he liable if a tree falls from his land and does damage?

holyhead

893bet wrote: »

Is he liable if a tree falls from his land and does damage?

I think the tree would have to be in a state of natural unbalance or decay for him to be liable. If the tree was damaged maliciously or toppled by exceptional weather he may not be responsible.

elperello

893bet wrote: »

Is he liable if a tree falls from his land and does damage?

I should have said may be liable.
The house owner will have insurance and he can claim on that.
If it comes to law the farmer may be found liable if it is proven that the tree was in a dangerous condition.

holyhead

I guess approaching the farmer initially is probably the best opening step. If he is not concerned then all I can then do is carefully prune the tree back to or near to the boundary wall in such a way as to not threaten the health of the tree.

holyhead

elperello wrote: »

I should have said may be liable.
The house owner will have insurance and he can claim on that.
If it comes to law the farmer may be found liable if it is proven that the tree was in a dangerous condition.

The tree would only be in a dangerous condition due to a rotting base? An issue he may have with the roots is the proximity to the boundary wall. I'm sure this will all work itself out in the end.

M.Cribben

Don't mean to hijack the thread but does anyone know who's responsible for trees growing in a no man's land section bordering a property?

holyhead

M.Cribben wrote: »

Don't mean to hijack the thread but does anyone know who's responsible for trees growing in a no man's land section bordering a property?

I'm not trying to be smart but can their be a no man's land? Surely all land is owned by someone?
If the land is indeed somehow no man's land does it fall within the county council's jurisdiction?
I take it from your question that you have an issue with the trees?

M.Cribben

I actually delete my post as it contained sensitive info but if you pm I can explain

holyhead

M.Cribben wrote: »

I actually delete my post as it contained sensitive info but if you pm I can explain

Sent you a PM!

NUTLEY BOY

IMHO the overgrowing branches are an effective trespass. I would approach the farmer and ask him to abate the trespass.

If that approach is refused I would escalate by giving him fair warning that you will abate it yourself and deposit his trespassing overgrowth on his property.

I would take photographs of the problem as it is now for evidential purposes. If OP cuts back take post-operative photographs.

Tree lopping is a potentially dangerous operation best left to those who know how to do it.

The farmer is not automatically liable if the tree falls over and damages OP's property. OP would have to prove fault. That would usually require proof that the tree was defective.

Beware the unseen danger. Trees put out roots which will often trespass where the tree is located close to a boundary. Trespassing roots can cause considerable damage by undermining foundations and causing subsidence. Hopefully, the tree is also far enough away from OP's house so as not to cause this problem.

hullaballoo

Moderator: Please ensure you parse quotes correctly. The required tags are [noparse]

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[/noparse].

It can make the page awfully confusing when these tags are not used properly.

ohnonotgmail

NUTLEY BOY wrote: »

IMHO the overgrowing branches are an effective trespass. I would approach the farmer and ask him to abate the trespass.

If that approach is refused I would escalate by giving him fair warning that you will abate it yourself and deposit his trespassing overgrowth on his property.

I would take photographs of the problem as it is now for evidential purposes. If OP cuts back take post-operative photographs.

Tree lopping is a potentially dangerous operation best left to those who know how to do it.

The farmer is not automatically liable if the tree falls over and damages OP's property. OP would have to prove fault. That would usually require proof that the tree was defective.

Beware the unseen danger. Trees put out roots which will often trespass where the tree is located close to a boundary. Trespassing roots can cause considerable damage by undermining foundations and causing subsidence. Hopefully, the tree is also far enough away from OP's house so as not to cause this problem.

Really?? on what grounds? Now if the OP does cut back the branches and deposits them back into the tree owners property without consulting them then THAT is a trespass.

holyhead

NUTLEY BOY wrote: »

IMHO the overgrowing branches are an effective trespass. I would approach the farmer and ask him to abate the trespass.

If that approach is refused I would escalate by giving him fair warning that you will abate it yourself and deposit his trespassing overgrowth on his property.

I would take photographs of the problem as it is now for evidential purposes. If OP cuts back take post-operative photographs.

Tree lopping is a potentially dangerous operation best left to those who know how to do it.

The farmer is not automatically liable if the tree falls over and damages OP's property. OP would have to prove fault. That would usually require proof that the tree was defective.

Beware the unseen danger. Trees put out roots which will often trespass where the tree is located close to a boundary. Trespassing roots can cause considerable damage by undermining foundations and causing subsidence. Hopefully, the tree is also far enough away from OP's house so as not to cause this problem.

Trespass is possibly a bit strong a word but I agree with the general sentiment. I have lived here for years and the tree is only getting bigger. I appreciate a picture would speak a thousand words but in the interest of anonymity I will refrain. The tree is as high as the top of my upstairs window. I had said the height of the house. The tree dominates the view from my back window whereas all my neighbours have a clear view out.

I feel he should have had courtesy to approach me offering to trim the tree back to the boundary wall. If that wasn't practical then he should have offered to remove it. To be honest once the housing estate was built he should have removed it. There was no way for it to grow without it encroaching on my back garden. The other problem is that some of the branches are spiky and low hanging making it hard to cut my grass. You can get nasty cuts from the branches. My house is the only one of about 15 in a row with a tree growing into it.
The other issue is it proximity to the wall. Very really danger the roots could break down the stone wall from underneath. You were saying about the proximity of the tree to my house. I wouldn't like to bet it wouldn't hit my house should it have cause to topple. Insurance could be tricky as it's an existing and known danger.

Hopefully this can be resolved and without rancour.

holyhead

ohnonotgmail wrote: »

Really?? on what grounds? Now if the OP does cut back the branches and deposits them back into the tree owners property without consulting them then THAT is a trespass.

You legally can't deposit tree cuttings into the land of the tree owner. I can see that that makes sense. As the tree is his property I would have to offer him the cuttings. I find this slightly farcical. He should be trimming the tree back to the boundary wall if he wishes to keep it.

Water John

Not being aggressive to you but the law is the law and your opinions of feelings about its strangeness doesn't enter into it.
The law has its own code. The view of 'the man on the Clapham bus' that is commonsense doesn't apply if the law is already specific.

holyhead

Water John wrote: »

Not being aggressive to you but the law is the law and your opinions of feelings about its strangeness doesn't enter into it.
The law has its own code. The view of 'the man on the Clapham bus' that is commonsense doesn't apply if the law is already specific.

I agree the law is the law and I've not said otherwise

bertsmom

holyhead wrote:

I feel he should have had courtesy to approach me offering to trim the tree back to the boundary wall. If that wasn't practical then he should have offered to remove it. To be honest once the housing estate was built he should have removed it. There was no way for it to grow without it encroaching on my back garden. The other problem is that some of the branches are spiky and low hanging making it hard to cut my grass. You can get nasty cuts from the branches. My house is the only one of about 15 in a row with a tree growing into it. The other issue is it proximity to the wall. Very really danger the roots could break down the stone wall from underneath. You were saying about the proximity of the tree to my house. I wouldn't like to bet it wouldn't hit my house should it have cause to topple. Insurance could be tricky as it's an existing and known danger.

Are you always this entitled??? The farmer is minding his own business and his land is just that HIS land.
Frankly you are coming across as a self entitled idiot

Mod
Warning: Pls be polite on this forum.

brian_t

holyhead wrote: »

I feel he should have had courtesy to approach me offering to trim the tree back to the boundary wall.

holyhead wrote: »

I don't know where he lives but sometimes see him cutting the field with a tractor. I may approach him so and hope he is reasonable.

Have you ever spoken to the farmer about this issue. He may be completely oblivious to the problem.

boardise

The Tree Council of Ireland website has some useful content that might shed some light.

holyhead

bertsmom wrote: »

Are you always this entitled??? The farmer is minding his own business and his land is just that HIS land.
Frankly you are coming across as a self entitled idiot

Classy guy

holyhead

brian_t wrote: »

Have you ever spoken to the farmer about this issue. He may be completely oblivious to the problem.

I will approach him in a friendly manner and hopefully a reasonable outcome will ensue

duffman3833

my parents live beside a train track and there are trees and bushes between the track and back wall, never have been looked after by rail authorities. Myself and the old man hop the wall, with help of ladders and all as there is a big drop, and trim it all back ourselves.
If you able to do it yourself, do it, or ask someone to help.