Am I responsible for cutting the hedge on my Neighbour’s side

Kaskade

I have a very awkward Neighbour. They are demanding that we cut their side of the hedge

We planted the hedge
We cut our side and the top
We have no issue with them cutting their side if they want to

Question:
Are we legally required to cut there side every time they demand us to

Aint Eazy Being Cheezy

Legally? Probably not. But you wanted it, you planted it, so I would personally. Not on demand, just whenever you’re doing yours.

Wabbit Ears

No, You are under no obligation to cut hedges on their side.

You are not legally required to cut their side every time they demand us to ever.

Should you? yes, yes you should when ever you cut your own hedge, but you need to be clear this is at your discretion, not on demand.

You wanted and planted it along the boundary I assume, instead of a foot or so back, so you could maintain your own hedge?

Are you say that they are the awkward neighbour?

lawred2

Kaskade wrote: »

I have a very awkward Neighbour. They are demanding that we cut their side of the hedge

We planted the hedge
We cut our side and the top
We have no issue with them cutting their side if they want to

Question:
Are we legally required to cut there side every time they demand us to

You're the awkward neighbor pal.. you want legal justification to not cut your own hedge!?

Cloudio9

If my neighbour expected me to cut their hedge I’d be using roundup to cut it back.

Tikki Wang Wang

Cloudio9 wrote: »

If my neighbour expected me to cut their hedge I’d be using roundup to cut it back.

And what if they expected you to cut your hedge and you wouldn’t? Should they use roundup then?

Stanford

You are not legally required to enter their property and cut the hedge even if the spread arises from your own planted hedge, however they can cut it back and throw the cuttings in to your garden, be a good neighbour and offer to cut it back from time to time

NewRed2

Cloudio9 wrote: »

If my neighbour expected me to cut their hedge I’d be using roundup to cut it back.

Yeah but its not their hedge, it's the OP's hedge.


Forget the legal aspects and cut the hedge.


We have laurel trees here that sometimes grow over the fence into my neighbour's side so I cut the lot when it needs doing, it's just fair.

They have apple trees that hang over our side at times and I trim them too.
Why would you bother checking legalities, just trim them and move on.

tvjunki

You need their permission to go on their property to cut it and therefore you are under their house insurance if there is and accident. If you do decide to do it make sure you have an email or text from them saying it is ok and that you are covered under their insurance. They may change their mind.

Steve

tvjunki wrote: »

You need their permission to go on their property to cut it and therefore you are under their house insurance if there is and accident. If you do decide to do it make sure you have an email or text from them saying it is ok and that you are covered under their insurance. They may change their mind.

And make sure you stay away from the childs swing unless it's supervised...


OP, can you not just talk to the neighbor? in a neighborly fashion and work it out without having to resort to legal advice from the internet?

I’d have to say, i disagree with most posters. I live next door to a family who have a row of Laylandiii trees along the boundary giving privacy to both of us. We share the cost of cutting every couple of years, I wouldn’t expect him to cut my side. Also, the trees are reasonably high so if they are cut back on his side and not on mine, they fall on my side if they give way.

Having said that, good fences make good neighbors. If you are cutting them yourself and it’s not too much trouble, be a good neighbour, it can make life easier.

riclad

If you plant a hedge you should be ready to cut it every few months .
But you need to ask permission to go into their garden,
its its not possible to cut it from your side of the boundary.
I presume you asked them for permission to plant the hedge .

ZX7R

riclad wrote: »

If you plant a hedge you should be ready to cut it every few months .
But you need to ask permission to go into their garden,
its its not possible to cut it from your side of the boundary.
I presume you asked them for permission to plant the hedge .

They would not require permission from there neighbor to plant the hedge

elperello

If a neighbours hedge is growing over the boundary into your property you are entitled to cut it back to the boundary line.
You can then offer the cuttings to the neighbour but they are not obliged to take them.
If you throw them over the boundary without their consent that is littering.

votecounts

Why are you worried about the legality?
You planted it, you wanted it, you cut it and you say your neighbour is awkward

elperello

elperello wrote: »

If a neighbours hedge is growing over the boundary into your property you are entitled to cut it back to the boundary line.
You can then offer the cuttings to the neighbour but they are not obliged to take them.
If you throw them over the boundary without their consent that is littering.

This is the bit I hate, it's their fvcking hedge

Kaskade

Let me clarify a few things here:

I planted the hedge because I wanted privacy from The Neighbour. I’m not getting into details why.

Before I planted the hedge I discussed it with them and planted it 1ft on my side of the wire fence.

It’s now 13 years on the hedge is fully grown. We want the hedge high as we want privacy from their activities. Again not getting into detail. They also get a benefit from the hedge and the privacy.

I’m not asking for opinions about who is being akward, anybody asking this doesn’t know the history and circumstances . I have abusive demanding text from them, being Neighbourly would be my preference but that is not an option in this case.

My question is, am I legally required to cut the hedge on their side of the properly if they demand I do so, or if the hedge encroaches on their site?

Kaskade

Do you happen to have any reference to the law that states I don’t legally have to do this?

Wabbit Ears wrote: »

No, You are under no obligation to cut hedges on their side.

You are not legally required to cut their side every time they demand us to ever.

Should you? yes, yes you should when ever you cut your own hedge, but you need to be clear this is at your discretion, not on demand.

SuperS54

ZX7R wrote: »

They would not require permission from there neighbor to plant the hedge

Whole thing is a bit messed up if this statement is true. Let's say I'm elderly, disabled or not capable of doing the work for some reason and my neighbour plants a leylandii hedge. The hedge could grow and intrude several feet into my garden space but they are under no obligation to have my consent to plant it and under no obligation to trim it on my side?

SuperS54

Kaskade wrote: »

Before I planted the hedge I discussed it with them and planted it 1ft on my side of the wire fence.

If the agreement was that the hedge would be on your property then it would seem you have an obligation to contain it to within your property.

If the fence is still there and now being consumed by the hedge you may have some liability to repair any damage to the fence.

Wanderer78

Kaskade wrote:

We planted the hedge We cut our side and the top We have no issue with them cutting their side if they want to

Just cut the feckin thing, you planted it, and it might mend things with your neighbour

pwurple

No way do this.

What’s next, you put up a boundary fence you go in and have to paint their side?

You imply the relationship isn’t good, don’t go near their property... you could be accused of all sorts.

Just out of interest, what kind of hedge is it?

vicwatson

elperello wrote: »

If a neighbours hedge is growing over the boundary into your property you are entitled to cut it back to the boundary line.
You can then offer the cuttings to the neighbour but they are not obliged to take them.
If you throw them over the boundary without their consent that is littering.

Is this not just hearsay? I thought this was a law in GB but didn’t realise it was a law here?

Drifter50

You sound like a charmer of a neighbour to have. You planted it, you cut it end of

Kaskade

Drifter50 wrote: »

You sound like a charmer of a neighbour to have. You planted it, you cut it end of

Wow, I love all the judgements and assumptions trying to flip this round onto me! As I said earlier I’m not getting into the years of other issues.

I agree the neighborly thing to do is to cut their side when we cut ours. But these neighbors have been far from neighbourly, by their own doing. I am NOT getting into details, you will have to just take this at face value.

In my parents house two different neighbors planted a hedge on both sides of them. Not his hedge yet every second time it’s being done my dad pays because he wants to pay his share of maintaining the hedge. I agree with this approach and with reasonable and decent neighbours I imagine this is what usually happens.

I’m still not getting a clear picture of what Irish law says. I’m not asking what the nice thing is here but are you legally responsible for cutting the side of the hedge that had grown onto your neighbors side

SuperS54

Kaskade wrote: »

I agree the neighborly thing to do is to cut their side when we cut ours.

By your own admission you are not being neighbourly as you do not want to cut the side of your hedge facing their garden.

Kaskade

SuperS54 wrote: »

By your own admission you are not being neighbourly as you do not want to cut the side of your hedge facing their garden.

How many times do I need to say that there are other issues. If there was another person living there I would absolutely cut the hedge but for the 3rd time I’m NOT getting into details here.

I know what the neighborly thing to do is for both parties. My question remains the same. Am I legally required to cut their side? I know they are allowed to trim it back and I’m fine with that. They have done this in the past. but can they force me the cut it.

GrumPy

Kaskade wrote: »

My question remains the same. Am I legally required to cut their side?

It's your hedge mate. E.g. Your property. Be sound and cut the hedge, it's *yours* afterall.

Xterminator

Hi OP

i think you have made it crystal clear there are other issues going on. but for a minute step back out your box, and put aside your bad blood.

you planted a hedge in your own garden for privacy and it does provide you with that. It is now encroaching on your neighbours property. now that not a good thing. you acknowledge this. Whatever the other issues you, in this one, you have a moral obligation.

If you won't cut it, he will have to take some action and some of those actions might upset you, eg roundup etc.

But you don't need to go there. If i was you i would be magnanimous and cut the fecking hedge, continue to enjoy the benefits of it, and at the same time take the moral high ground. It is in your own interest.

Never mind the history, consider this action on its own merits. No judgement offered.

PhilipJ

SuperS54 wrote: »

By your own admission you are not being neighbourly as you do not want to cut the side of your hedge facing their garden.

@supers54, you really need to read the OP posts again. OP, perhaps look into contacting a solicitor to get sound advise. Explaining your case in detail, it may be the best €80 you spend in this instance.

Living Off The Splash

I cut my hedge on my neighbours side of the garden. Once a year.

They don't cut their hedge in their neighbours garden on the opposite side.

They are completely unaware people. If they were nasty people I wouldn't cut it and I don't think I am legally obliged to do so.

SuperS54

PhilipJ wrote: »

@supers54, you really need to read the OP posts again.

Why?

Kaskade wrote:

If there was another person living there I would absolutely cut the hedge but for the 3rd time I’m NOT getting into details here.

So not cutting the hedge is your idea of punishing them for something else? I've had horrible neighbours in the past and I can absolutely emphatise with not wanting to be in their garden with them looking at you cutting the hedge on their orders however that doesn't make it right. If it's not overly expensive I'd look at having someone else do it and paying them, that way the hedge gets cut and arrangements are made without your direct involvement.

Ursus Horribilis

You planted something that's impinging on their property. And if you didn't have a problem with your neighbour, you wouldn't be trying to find reasons to avoid cutting it.

Kaskade

Living Off The Splash wrote: »

I cut my hedge on my neighbours side of the garden. Once a year.

They don't cut their hedge in their neighbours garden on the opposite side.

They are completely unaware people. If they were nasty people I wouldn't cut it and I don't think I am legally obliged to do so.

Hit the nail on the head here. We would go out of our way if something we were doing impacted on somebody else in a negative way but it’s different story when they are nasty. We have spent years biting our tongue and putting up with all sorts including deliberate damage to our property by their children. They always trimmed back their side and it wasn’t an issue. but now they are sending rude texts demanding we trim their side and telling us that we must reduce the height.

PhilipJ

SuperS54 wrote: »

Why?

extract from quote from the OP
How many times do I need to say that there are other issues. but for the 3rd time I’m NOT getting into details here.

Op not looking for criticism, just sound advise.

SuperS54

PhilipJ wrote: »

Op not looking for criticism, just sound advise.

You need to read the OP posts again. The OP is looking for legal advice, not sound advise (sic), which they have received plenty of.

Kaskade

SuperS54 wrote: »

You need to read the OP posts again. The OP is looking for legal advice, not sound advise (sic), which they have received plenty of.

You’re right I’m not looking for sound advise. I know the decent thing to do but after years of doing the decent thing and biting my tongue I’m not going accept the way I’m now being spoken to. I just want to know what the law says in these situations as I don’t want to do anything that’s not legal

Living Off The Splash

https://www.askaboutmoney.com/threads/neighbour-cut-my-hedge.175262/

Some similar comments here.

Kaskade

Living Off The Splash wrote: »

https://www.askaboutmoney.com/threads/neighbour-cut-my-hedge.175262/

Some similar comments here.

Some interesting comments there. Thanks for posting the link.

I’m actually meeting my solicitor today so I’ll have a chat about it. I looked up the planning permission for both houses. Ours mentions nothing about a hedge but next door were supposed to plant a hedge within 12 months. I guess if we rip it out then its an issue for them more than us!!!!

sbsquarepants

Dav010 wrote: »

I’d have to say, i disagree with most posters. I live next door to a family who have a row of Laylandiii trees along the boundary giving privacy to both of us. We share the cost of cutting every couple of years, I wouldn’t expect him to cut my side.

I'm a bit baffled by most people here's take on it to be honest. Unless the neighbour is elderly or incapacitated in some way there's no bloody way i'm going into their garden to trim bushes for them.

My neighbour has a giant willow tree, it's a lovely tree but it's enormous, i cut it back on my side regularly, it wouldn't even occur to me to ask them to do it. Actually at this time of year it dumps an incredible amount of leaves all over my garden - should the neighbour pick them up too!

m5ex9oqjawdg2i

Lots of people on here haven't a clue.

Let the neighbor sort out the hedge. Them's the rules.

Kaskade

Alex Great Typography wrote: »

Lots of people on here haven't a clue.

Let the neighbor sort out the hedge. Them's the rules.

I’m looking for evidence of the rules. So far I’m just getting personal experience and opinions.

Panjandrums

Surely the hedge is for the benefit of both parties?
The neighbor who planted the tree cuts their side and the top.
The other neighbor just cuts their side.

ZX7R

SuperS54 wrote: »

Whole thing is a bit messed up if this statement is true. Let's say I'm elderly, disabled or not capable of doing the work for some reason and my neighbour plants a leylandii hedge. The hedge could grow and intrude several feet into my garden space but they are under no obligation to have my consent to plant it and under no obligation to trim it on my side?

Yes it's true.
The only exception would be one of those open garden estate things, where there is no wall or fence between you and your neighbor you would need planning then as you would be changing the layout of your boundaries

Markcheese

I ve no idea what sort of hedge it is.. Or how long, but if the neighbours don't cut it and leave it till it annoys them, they'll end up hacking it eventually, which could end up with a very ugly, open gappy hedge, or even kill it in places..

snowgal

Whether right or wrong ethically, the answer legally is no you dont.
Please see below taken from the Tree Council of Ireland site.


My neighbour’s tree is overhanging into my garden. Do I have the right to prune back the branches?
A landowner may cut off any tree branches which over-hangs his/her property without giving notice to the owner of the tree, but may not cut down the tree or enter on to the land of the tree owner without permission. In so doing, the landowner must take care not to render the tree dangerous and may only cut on the side of and up to his/her boundary line. It is unlawful to ring bark or otherwise injure trees in such a manner as to cause them to die or decay. All cuttings must be given back to the owner of the tree, or at least offered back. If the owner of the tree doesn’t want the cuttings, they must be disposed of in a responsible way and should not be left in the tree owner’s property without permission.

What can I do about roots encroaching from a tree growing in an adjoining property?
The rights to cut the roots of any tree which encroach from the land of a neighbour are similar to those governing the cutting of branches. Great care is needed to avoid rendering the tree unstable and liable to windblow. There is no legal right to poison encroaching roots. If the roots are damaged, and the tree injured then the person using toxic substances may be liable. If it is proven that the encroaching roots caused damage to a property, then an action may be brought against the owner. Neighbour has the right to abatement.

My neighbour’s tree/hedge is far too high – what can I do?
There are no height limits for either hedges or trees and there is no legislation currently available in Ireland to enforce a height restriction.

Kaskade

snowgal wrote: »

Whether right or wrong ethically, the answer legally is no you dont.
Please see below taken from the Tree Council of Ireland site.

I actually found this site before I posted but I felt it didn’t deal with my specific issue. I might give them a ring! Thank you.

riffmongous

Kaskade wrote: »

I actually found this site before I posted but I felt it didn’t deal with my specific issue. I might give them a ring! Thank you.

What a useless thread! You have my sympathies OP. Try the legal discussion forum instead, ask specifically for the legal situation, and report anyone who tries to moralise

pwurple

Kaskade wrote: »

I actually found this site before I posted but I felt it didn’t deal with my specific issue. I might give them a ring! Thank you.

It does deal with your specific issue.

Your neighbour is free to cut the branches on their side. End of story.


No expectation on you to do it for them whatsoever.

Graces7

Kaskade wrote: »

Wow, I love all the judgements and assumptions trying to flip this round onto me! As I said earlier I’m not getting into the years of other issues.

I agree the neighborly thing to do is to cut their side when we cut ours. But these neighbors have been far from neighbourly, by their own doing. I am NOT getting into details, you will have to just take this at face value.

In my parents house two different neighbors planted a hedge on both sides of them. Not his hedge yet every second time it’s being done my dad pays because he wants to pay his share of maintaining the hedge. I agree with this approach and with reasonable and decent neighbours I imagine this is what usually happens.

I’m still not getting a clear picture of what Irish law says. I’m not asking what the nice thing is here but are you legally responsible for cutting the side of the hedge that had grown onto your neighbors side

Feeling for and with you OP. In such a situation I always asked advice from Citizens Info. If they don't know they will find out and no hassle or judgement

In one case, it had become part of a neighboiurhood feud between my landlord and a neighbour and w egot expert advice and support