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Difficult neighbour over bushes and tree

  • 26-08-2020 9:44pm
    #1
    Registered Users, Registered Users 2 Posts: 677 ✭✭✭


    Hi,

    Okay some bushes and a tree are causing some headaches for me due to an aggressive neighbour.

    Bushes
    Okay so we have a boundary fence lining the back of our houses.
    He has a bush planted on his side which is actually growing over and through the links in the boundary fence.

    He keeps going over the fence (via a ladder) and cutting it and leaving the trimmings on my side. This is despite me asking him to stop because I'd prefer to get a professional to do it.

    Essentially he wants it shorter then I'm maintaining it at.

    One day he even came banging at my door demanding that I cut it.

    At this point I consider it trespassing.

    Tree
    Okay at the front like at the back we have a boundary fence.
    He's complaining about a tree I have on my side bordering the fence saying it's over grown and interfering with his light.

    Assuming I keep it pruned back to within my border and not too high by an independent assessor then can he actually legally do anything?

    He's actually threatened to cut it down himself without my permission.

    I'm interpreting this as a threat of criminal damage.


    I've tried to be patient and deescalate this (he literally walks away anytime I try to engage with him) but I'm really thinking at this point he's seeing what he can get away with.

    Advise please?

    I'd rather this not get any more unpleasant but I'm thinking this is inevitable at this point and would like to be prepared for the worse.


Comments

  • Registered Users, Registered Users 2 Posts: 234 ✭✭KingCong


    Champ wrote: »

    He's actually threatened to cut it down himself without my permission.

    That could end up costing him a lot, see this case


  • Posts: 8,856 ✭✭✭ [Deleted User]


    My understanding is you have a “right” to cut his bush protruding on your side of the fence and throw back the cuttings to his side ( but probably not recommended given the relationship between both of you) - personally if he wants to cut his entire hedge himself I’d let him as long as he cleans up the mess - it would save me doing it

    The tree is a different matter- they’res no right to light is my understanding. Could I ask does the tree need to be so high/wide? Could it potentially fall in a storm and do damage to the houses? Is it one of those trees just too big for the size of plot it rests in?
    It obviously gives you pleasure and also possibly some additional privacy- if it’s not affecting anything from a structural perspective I don’t see what valid argument he has- in addition I’d advise and record what he said about cutting it down himself to your solicitor in case something untoward happens later- he can cut any part overhanging his garden - might this affect the overall tree health?


  • Registered Users, Registered Users 2 Posts: 23,084 ✭✭✭✭Esel
    Not Your Ornery Onager


    My understanding is you have a “right” to cut his bush protruding on your side of the fence and throw back the cuttings to his side ( but probably not recommended given the relationship between both of you)
    I don't think you have the right to throw the cuttings over - you offer them, but the neighbour can (and probably will) decline your offer.

    Not your ornery onager



  • Registered Users, Registered Users 2 Posts: 10,177 ✭✭✭✭Caranica


    Esel wrote: »
    I don't think you have the right to throw the cuttings over - you offer them, but the neighbour can (and probably will) decline your offer.

    But the issue here is that the neighbour is coming on to the OP's property to cut their bush. If the OP is happy with how the bush is on their side, the neighbour has no right to interfere with it on the OP's property.


  • Registered Users, Registered Users 2 Posts: 23,084 ✭✭✭✭Esel
    Not Your Ornery Onager


    Caranica wrote: »
    But the issue here is that the neighbour is coming on to the OP's property to cut their bush. If the OP is happy with how the bush is on their side, the neighbour has no right to interfere with it on the OP's property.
    I replied to a post which I think gave incorrect information, nothing more...

    Not your ornery onager



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  • Registered Users, Registered Users 2 Posts: 2,005 ✭✭✭veetwin


    To be honest I think there are two of ye in it.

    "He keeps going over the fence (via a ladder) and cutting it and leaving the trimmings on my side. This is despite me asking him to stop because I'd prefer to get a professional to do it."

    Why would anyone need a professional to trim a bush unless they were completely bereft of common sense?

    Also if I had a tree in my garden that was blocking off a neighbour's light I would be deeply concerned and make every effort to remedy the situation. In fact I have a neighbour who has a tree that potentially blocks my light and he is always at pains to point out that he will trim it if it adversely affects me.


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    Seriously professional to trim a bush....?

    Put in your own hedge if you want height etc etc.....

    Try and get along a nasty neighbour can be a pain for years to come, let him do what he wants with his hedge, yes he shouldn't be coming onto your side but he may actually want to stop it going too high which is a good thing.

    Have a chat and try and start over.... What you could do is stuff bits cut back into the hedge itself.


  • Registered Users, Registered Users 2 Posts: 677 ✭✭✭Champ


    Regarding the back:
    Sorry I called it a bush but it's a hedge.
    I have no direct issues with the hedge growing over my boundary as I get it cut back to a length I'm happy with.
    My main problem is I told him he does not have permission to come onto the back of my property whenever he likes simply because he thinks the hedge on my side needs to be shorter.
    He does make a mess more times than not.

    Regarding the front:
    The tree is my main source of privacy from a public road and foot path.
    Yes I'm getting it pruned and cut down by a good margin. I'll see if that's enough to keep the peace.
    Now I'm not happy with him coming onto the back of my property uninvited and most certainly not happy that he thinks he can come over and make threats to do what he likes at the front of my property especially since he insinuated he would cut the tree down completely.

    This is going to be my last post on this. Thanks for the replies and advice.


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    Champ wrote: »
    Regarding the back:
    Sorry I called it a bush but it's a hedge.
    I have no direct issues with the hedge growing over my boundary as I get it cut back to a length I'm happy with.
    My main problem is I told him he does not have permission to come onto the back of my property whenever he likes simply because he thinks the hedge on my side needs to be shorter.
    He does make a mess more times than not.

    Regarding the front:
    The tree is my main source of privacy from a public road and foot path.
    Yes I'm getting it pruned and cut down by a good margin. I'll see if that's enough to keep the peace.
    Now I'm not happy with him coming onto the back of my property uninvited and most certainly not happy that he thinks he can come over and make threats to do what he likes at the front of my property especially since he insinuated he would cut the tree down completely.

    This is going to be my last post on this. Thanks for the replies and advice.

    He has no right to touch the tree so I'd say it's all talk to be honest.

    People are mad...

    A bad neighbour is just something you really don't need, make him think he has won and leave it at that, easier life.... Hopefully he won't latch onto something else then the foot needs to come down....


  • Posts: 8,856 ✭✭✭ [Deleted User]


    Esel wrote: »
    I don't think you have the right to throw the cuttings over - you offer them, but the neighbour can (and probably will) decline your offer.
    You’re correct- sorry
    Champ wrote: »
    Regarding the back:
    Sorry I called it a bush but it's a hedge.
    I have no direct issues with the hedge growing over my boundary as I get it cut back to a length I'm happy with.
    My main problem is I told him he does not have permission to come onto the back of my property whenever he likes simply because he thinks the hedge on my side needs to be shorter.
    He does make a mess more times than not.

    Regarding the front:
    The tree is my main source of privacy from a public road and foot path.
    Yes I'm getting it pruned and cut down by a good margin. I'll see if that's enough to keep the peace.
    Now I'm not happy with him coming onto the back of my property uninvited and most certainly not happy that he thinks he can come over and make threats to do what he likes at the front of my property especially since he insinuated he would cut the tree down completely.

    This is going to be my last post on this. Thanks for the replies and advice.

    Legal guidance here

    https://www.treecouncil.ie/trees-and-the-law


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