damage to property ?

Mad_maxx

say person A shares a drive way with another property owner but the drive way is owned by person B and person A merely has a right of way as far as the entrance to their house

person A employed someone to do some garden maintaineance but the person employed cut back the hedge and some shrubs on person B driveway ( person B lives a hundred metres further down and nothing was paired back beyond the point of the entrance to person A,s house )

would that be something that would warrant compensation ? , I realise that permission should have been sought ( as an employer is ultimately responsible for what their contractor does ) but what if the route was borderline impassable ?

person B is already threatening court , they arrived at person A,s house at 8 am the following morning and was absolute apoplectic , they have not even asked for compensation , person A explained the misunderstanding but person B is going nuclear from the start

Seems difficult to put a value on this ? , nothing was pulled up at the roots , a mere cut back of overgrown branches and ground shrubs which will grow back

one imagines the above could well be viewed as " damage to property " but no malice was intended so how does one put a value on the above ?

Claw Hammer

It seems trifling.
[de minimis non curat lexI][/I]

people should have more sense!

whippet

On the surface - it seems a fairly harmless exercise. However none of us have any idea of the reality.

Was it just brambles cut back? Was there any mature / growing shrubbery? Was there nesting birds in the hedges? Was there Japanese Knotwood in the bushes? Did the overgrowth give privacy ? Where did the cut stuff go ? What is the normal relationship between the neighbours like?

You won’t get answers here without more detail and of course we’d only be getting one side of the story

Mad_maxx

whippet wrote: »

On the surface - it seems a fairly harmless exercise. However none of us have any idea of the reality.

Was it just brambles cut back? Was there any mature / growing shrubbery? Was there nesting birds in the hedges? Was there Japanese Knotwood in the bushes? Did the overgrowth give privacy ? Where did the cut stuff go ? What is the normal relationship between the neighbours like?

You won’t get answers here without more detail and of course we’d only be getting one side of the story

overgrown hedge and shrubs were paired back , nothing was ripped out or anything like that

the guy employed to do maintaineance assumed it was person A,s property

its likely that person A is in the wrong as they are obliged to provide proper direction but how do you value such things ?

difficult to discuss when person B instantly reaches for the legal route option , no previous clash but person B is the quintessential Karen

silent_spark

If I was person B, I’d be upset as well. It wouldn’t be a financial reason, more around supporting natural hedgerows and wildlife, as well as asthetic and possibly privacy reasons.

Mad_maxx

silent_spark wrote: »

If I was person B, I’d be upset as well. It wouldn’t be a financial reason, more around supporting natural hedgerows and wildlife, as well as asthetic and possibly privacy reasons.

yes but it was explained to person B that it was a mistake by a person employed , its difficult to offer compensation when they reach for the " solicitors letter " immedietely , its usually not wise to even talk to someone when they threaten legal action


the privacy reasons would not come in to play as person B lives 100 m further down this lane , the area trimmed was no longer than thirty metres , mostly hedging , small area of shrubbery , grass plants , no flowers

hullaballoo

In the interests of maintaining good relations, A should consider what might undo the perceived harm rather than considering whether there is any harm at all.

Order a hamper and a card apologising and have it delivered. Then forget about it.

the_pen_turner

Is there a responsibility on the owner to keep the right of way clear

Mad_maxx

the_pen_turner wrote: »

Is there a responsibility on the owner to keep the right of way clear

I dont know Pen Turner , person A is a close relative of mine , they are in their seventies and live alone , they were quite stressed by having person B bang on their door before 8 am in the morning , ranting about something they did not even know about at the time

Now i realise person A is responsible for the mistakes of someone they employ but when legal action is threatened , many people are afraid to approach the person making the threat , its sort of a declaration of war and staying away from them is often advised ?

the driveway was becoming a real problem , person A has a small car but beit friends of theirs or tradesmen who drive vans , its was impossible to get past without having overhanging branches rubbing against vehicles

unfortunately person A did not take photos of the hedge prior to it being cut back , they tried to ask person B about it but they were never there when they called down to the house and they never provided person A with their number

perhaps they should have written to them but they didnt

Caranica

Why did person A get someone to cut down any hedging during nesting season? It's potentially illegal, person B may know this.

James 007

person C is at fault:rolleyes:

person C = OP, come on tell us the truth now:D

Mad_maxx

Caranica wrote: »

Why did person A get someone to cut down any hedging during nesting season? It's potentially illegal, person B may know this.

hedge was cut with a hedge clippers

i cut my beech hedge with a hedge clippers all of the time during " nesting season "

listermint

Simply put.

I'd ignore them..

The end.

brian_t

Mad_maxx wrote: »

hedge was cut with a hedge clippers

i cut my beech hedge with a hedge clippers all of the time during " nesting season "

The Law refers to cutting. It doesn't specify how the cutting is done.

http://www.irishstatutebook.ie/eli/2000/act/38/section/46/enacted/en/html


46.—Section 40 of the Principal Act is hereby amended—

(a) by the substitution of the following for subsection (1):

“(1) (a) It shall be an offence for a person to cut, grub, burn or otherwise destroy, during the period beginning on the 1st day of March and ending on the 31st day of August in any year, any vegetation growing on any land not then cultivated.

(b) It shall be an offence for a person to cut, grub, burn or otherwise destroy any vegetation growing in any hedge or ditch during the period mentioned in paragraph (a) of this subsection.”,

stoneill

It was only trimming a hedge on a driveway?

Mad_maxx

stoneill wrote: »

It was only trimming a hedge on a driveway?

Yes and it was becoming impassable, the hedge and shrubs were paired back but person A does not own driveway, they just have a right of way

Mad_maxx

brian_t wrote: »

The Law refers to cutting. It doesn't specify how the cutting is done.

http://www.irishstatutebook.ie/eli/2000/act/38/section/46/enacted/en/html


46.—Section 40 of the Principal Act is hereby amended—

(a) by the substitution of the following for subsection (1):

“(1) (a) It shall be an offence for a person to cut, grub, burn or otherwise destroy, during the period beginning on the 1st day of March and ending on the 31st day of August in any year, any vegetation growing on any land not then cultivated.

(b) It shall be an offence for a person to cut, grub, burn or otherwise destroy any vegetation growing in any hedge or ditch during the period mentioned in paragraph (a) of this subsection.”,

That's great but I'm pretty sure most people cut back beech and laurel hedges during summer,good luck enforcing compliance there

brian_t

Mad_maxx wrote: »

That's great but I'm pretty sure most people cut back beech and laurel hedges during summer,good luck enforcing compliance there

This thread is not about the legalities of cutting your own hedge though.

Mad_maxx

brian_t wrote: »

This thread is not about the legalities of cutting your own hedge though.[/QUOTE

the thread is not about birds nesting either but it hasnt stopped you from making it about it

con747

You can cut hedging for certain reasons during March 1st to August 31st.
Quote
"There is provision in the legislation for some restricted exemptions from the prohibition during the closed period – e.g. for works undertaken in the ordinary course of agriculture or forestry, for public health and safety reasons, including road safety, the destruction of noxious weeds, for the clearance of vegetation in the course of road and other development works or the development of sites for building works."

https://www.gov.ie/en/press-release/db268-reminder-in-relation-to-hedge-cutting-in-2021/

Mad_maxx

Can we please perhaps refrain from a wild life preservation tutorial?

Thanks

con747

Mad_maxx wrote: »

Can we please perhaps refrain from a wild life preservation tutorial?

Thanks

I was just showing previous posters they were wrong. Your welcome.

blackvalley

hullaballoo wrote: »

In the interests of maintaining good relations, A should consider what might undo the perceived harm rather than considering whether there is any harm at all.

Order a hamper and a card apologising and have it delivered. Then forget about it.

If everything in the original post is as stated then I dont agree with this approach . Anyone who would rave , rant and bang on the door of a seventy year old in the early morning sounds like an obnoxious bully.
There is one way only to treat a bully and it dosent include buying hampers.

Mad_maxx

con747 wrote: »

I was just showing previous posters they were wrong. Your welcome.

I know but I feared you might inadvertently encourage the sidetracking of the thread

Hobby horse was enthusiastically mounted earlier

Mad_maxx

blackvalley wrote: »

If everything in the original post is as stated then I dont agree with this approach . Anyone who would rave , rant and bang on the door of a seventy year old in the early morning sounds like an obnoxious bully.
There is one way only to treat a bully and it dosent include buying hampers.

Person B is known as the biggest Karen in the parish, every living minute a power trip