Cutting down trees

DJ98

Have quite a few trees that are quite tall and overhanging a public road. Can these be cut down as there seen as a danger to the public or have I to wait until end of August? My biggest concern is that ifnwe get another storm like ones gone by these trees will come down and cause serious damage or worse to an individual/family

Ten Pin

The licence exemption for felling trees includes the following...

Tree outside a forest - within 10 metres of a public road and which, in the opinion of the owner (being an opinion formed on reasonable grounds), is dangerous to persons using the public road on account of its age or condition.

...indicating that you can cut potentially dangerous roadside trees.

https://www.agriculture.gov.ie/forestservice/treefelling/treefelling/

addaword

DJ98 wrote: »

Have quite a few trees that are quite tall and overhanging a public road. Can these be cut down as there seen as a danger to the public or have I to wait until end of August? My biggest concern is that ifnwe get another storm like ones gone by these trees will come down and cause serious damage or worse to an individual/family

I had that problem on my farm once, I took a photo of how dangerous it was before I cut it, in case anyone came after me. Never heard a complaint about it since.

Birdnuts

DJ98 wrote: »

Have quite a few trees that are quite tall and overhanging a public road. Can these be cut down as there seen as a danger to the public or have I to wait until end of August? My biggest concern is that ifnwe get another storm like ones gone by these trees will come down and cause serious damage or worse to an individual/family

Can u not wait till September and trim the overhanging branches back?? If there are birds currently nesting in them then you can't go near them now anyway under the wildlife laws

DJ98

Birdnuts wrote: »

Can u not wait till September and trim the overhanging branches back?? If there are birds currently nesting in them then you can't go near them now anyway under the wildlife laws

The branches ain't the problem but some of the trees are lying at angle out to the road with quite dangerous limbs, i think the safest option would be to remove them completely for peace of mind.

satstheway

DJ98 wrote: »

The branches ain't the problem but some of the trees are lying at angle out to the road with quite dangerous limbs, i think the safest option would be to remove them completely for peace of mind.

What tree. LOL

Aravo

Birdnuts wrote: »

Can u not wait till September and trim the overhanging branches back?? If there are birds currently nesting in them then you can't go near them now anyway under the wildlife laws

If a tree causes a problem to a member of the public the legal argument of the wildlife laws will not stop the owner of the tree getting screwed.

patsy_mccabe

I wanted to remove 3 trees from outside the wall of a field I have near the motorway. They hinder my view when I exit the field. I contacted Clare Co Co first in Sept 2018 about them. They told me to contact TII, (if I have the name right). They kept giving me the run aroud. The trees are still there.

Should have just cut them myself.

alps

patsy_mccabe wrote: »

I wanted to remove 3 trees from outside the wall of a field I have near the motorway. They hinder my view when I exit the field. I contacted Clare Co Co first in Sept 2018 about them. They told me to contact TII, (if I have the name right). They kept giving me the run aroud. The trees are still there.

Should have just cut them myself.

How can you have an opening onto a motorway?

patsy_mccabe

alps wrote: »

How can you have an opening onto a motorway?

Well, strictly speaking a dual carriagway. One time, we used to run the cattle across both roads. When the road got busier years later, we used to go at it earlier in the morning. You'd be arrested if you tried it now. Often the 4 lanes are full with traffic.

Birdnuts

Aravo wrote: »

If a tree causes a problem to a member of the public the legal argument of the wildlife laws will not stop the owner of the tree getting screwed.

I assume the trees have been there for a long time - its unlikely that leaving them there for a few more months before the autumn kicks in that any major catastrophe will befall passers bye

Aravo

Birdnuts wrote: »

I assume the trees have been there for a long time - its unlikely that leaving them there for a few more months before the autumn kicks in that any major catastrophe will befall passers bye

I would not leave things to chance. Say if there was an incident, your done for. Your doubly done for as all councils put a notice in the paper each year telling landowners that it's the landowners duty to make sure the landowners trees do not cause a hazard to members of the public. Your triple screwed if it comes out that you knew that there was an issue and did nothing.

Personally I would act now, get a tree person to have a look at it first.

amacca

Do those notices not say if the tree poses a risk or you suspect it does or something?...if you dont know its at risk (beyond obvious signs) then can they really pin it on you?

Can you really be held personally responsible if a tree with no obvious problems comes down?.....if thats the case why arent all trees beside a roadway being cut down countrywide?...........that seems to be the only safe way? (if not exactly green/good for environment)....they really should think about their rules and regulations, didnt they rethink the one where you were responsible for any gob****e that got injured while trespassing.....that one was completely unacceptable in my book anyway.

Could you get a professional to assess the tree and certify it as healthy for a period of time rather than cut it and that would mean you wouldnt have to cut it down?............................................to me it seems this blanket blaming a landowner regardless of circumstances could lead to a lot of unnecessary tree cutting but what choice do you have if you are responsible no matter what


Another question that comes to mind, what if there are phone or electricity lines going through the branches, what do you do then?

Bass Reeves

amacca wrote: »

Do those notices not say if the tree poses a risk or you suspect it does or something?...if you dont know its at risk (beyond obvious signs) then can they really pin it on you?

Can you really be held personally responsible if a tree with no obvious problems comes down?.....if thats the case why arent all trees beside a roadway being cut down countrywide?...........that seems to be the only safe way? (if not exactly green/good for environment)....they really should think about their rules and regulations, didnt they rethink the one where you were responsible for any gob****e that got injured while trespassing.....that one was completely unacceptable in my book anyway.

Could you get a professional to assess the tree and certify it as healthy for a period of time rather than cut it and that would mean you wouldnt have to cut it down?............................................to me it seems this blanket blaming a landowner regardless of circumstances could lead to a lot of unnecessary tree cutting but what choice do you have if you are responsible no matter what


Another question that comes to mind, what if there are phone or electricity lines going through the branches, what do you do then?

Contact the ESB if there is an electricity line adjacent

Aravo

amacca wrote: »

Do those notices not say if the tree poses a risk or you suspect it does or something?...if you dont know its at risk (beyond obvious signs) then can they really pin it on you?

Can you really be held personally responsible if a tree with no obvious problems comes down?.....if thats the case why arent all trees beside a roadway being cut down countrywide?...........that seems to be the only safe way? (if not exactly green/good for environment)....they really should think about their rules and regulations, didnt they rethink the one where you were responsible for any gob****e that got injured while trespassing.....that one was completely unacceptable in my book anyway.

Could you get a professional to assess the tree and certify it as healthy for a period of time rather than cut it and that would mean you wouldnt have to cut it down?............................................to me it seems this blanket blaming a landowner regardless of circumstances could lead to a lot of unnecessary tree cutting but what choice do you have if you are responsible no matter what


Another question that comes to mind, what if there are phone or electricity lines going through the branches, what do you do then?

Roads Act 1993, landowners and occupiers of land are obliged to take all reasonable care to ensure that the trees, ditches, hedges and other vegetation growing on their land are not or could not become a danger to people using or working on a public road.

Liability for damage or injury resulting from such hazards will rest with the landowner/occupier.

Examples of hazards might be dead or dying trees, ditches or hedges interfering with traffic, blocking footpaths, obscuring road signs, public lighting, or road users’ visibility.

You are required to fell, cut, log, trim or remove such trees, ditches and hedges.

Particular attention should be given to damaged or weakened trees or limbs and stumps of felled trees as a result of storms.

amacca

Aravo wrote: »

Roads Act 1993, landowners and occupiers of land are obliged to take all reasonable care to ensure that the trees, ditches, hedges and other vegetation growing on their land are not or could not become a danger to people using or working on a public road.

Liability for damage or injury resulting from such hazards will rest with the landowner/occupier.

Examples of hazards might be dead or dying trees, ditches or hedges interfering with traffic, blocking footpaths, obscuring road signs, public lighting, or road users’ visibility.

You are required to fell, cut, log, trim or remove such trees, ditches and hedges.

Particular attention should be given to damaged or weakened trees or limbs and stumps of felled trees as a result of storms.

Define reasonable.....how long is a piece of string I suppose

If the tree appears healthy (to my untrained eye) and nothing is falling off it but its beside the road should I get it cut it down anyway?

That would seem to be the only safe way.



The blocking road users visibility one calls the whole thing into question too......I live on a narrow road you could make the argument every ditch on every bend blocks visibility.........but I imagine the council/locals wouldn't be too happy if I bulldozed all the ditches out of it....

Quoting acts etc., the only place that matters is somewhere no one wants to end up.

I'd think you're maybe making an issue for yourself cutting trees before September. I don't see much chance of a tree felling storm before September. It's not like the trees appeared there in the last month or two.

Castlekeeper

[Deleted User] wrote: »

Quoting acts etc., the only place that matters is somewhere no one wants to end up.

I'd think you're maybe making an issue for yourself cutting trees before September. I don't see much chance of a tree felling storm before September. It's not like the trees appeared there in the last month or two.

+1

Aravo

OP depending on where your situated, the winds today would test many a tree. Some down near me.

amacca

I know.....fair windy here.

hardybuck

If you really think it'd dangerous just get out and cut it in the morning first thing and get it over with. The storm did a fair amount of damage...

DJ98

What would be the story with cutting trees on a boundary ditch, not cutting completely but just trimming back, these trees are lying out almost 10 ft in places? Can the owner of the other side of the ditch prevent them from being cut or have any claim to them? Would let other landowner know that there going to be cut.

Bass Reeves

DJ98 wrote: »

What would be the story with cutting trees on a boundary ditch, not cutting completely but just trimming back, these trees are lying out almost 10 ft in places? Can the owner of the other side of the ditch prevent them from being cut or have any claim to them? Would let other landowner know that there going to be cut.

You are allowed to cut back any tree, shrub or bush to the boundary line. In theory you are supposed to return the timber to the tree owner. However I believe that in theory if you incurr cost in the process you are entitled to charge tree owner

Welding Rod

Whenever I think of cutting a tree, for some reason the night previous gets windy.