Neighbouring site

highspeed

A neighbour sold a site 20 years ago adjoining my land - no problem with that or with the couple who bought the site and built there. They are now in the process of selling and moving back to one of their parents houses.

They have had to apply for retention planning.

1 of the issues of the retention is that it is blind exiting the site at my side - they rang me and asked would it be OK if their engineer contacted me. The engineer explained about the exit he had asked that I remove a tree on my roadside ditch and lower the ditch by 4 inches(50 metres) to improve view.

I asked why this was not an issue 20 years ago when planning was granted and he said it was a condition of planning back then, but was never followed up on.

Part of me feels like saying tough not my problem, part of me feels like asking to be compensated by the couple if I remove tree & lower the ditch. They are hoping to get 500k for their house

I feel its a bit rich that one could apply for planning and the neighbouring landowner would be required to do works in order for them to get full planning. I was never contacted by council when they got planning.

Any advice on what to do?

wrangler

https://www.boards.ie/discussion/2058223359/neighbouring-site

I'm in the same position here but my neighbour did what was needed to get line of sight for my planning

tanko

Ask for 50 grand and see what they say.

mickdw

Nowadays all sight line requirements must be met within area you control for obvious reasons. 20 years ago not so much.

I wouldn't be too eager to engage as a start position.

kerryjack

I don't see why you don't try and help them out, these people have lived beside you for 20 years and caused you no bother and now they want to move on. There is a bloloccks at the head of our road the same as your self wouldn't give an inch to council and someone is going to get wiped out there someday, he waiting on a payday himself, he won't live to see it half starved miserable no good to there comunity fucck.

Whatwicklow

I'd recommend to get that actually marked out, if the sight line was only 4" high then a tight mow would leave it very presentational to a local authority.

The fact an engineer is taking in inches would tell me that's its a low guesstimate to get you on side

whelan2

Why are you doing the work?

Anto_Meath

These people have lived beside you for the last 20 years no issue & hopefully it will be the same with the new owners, if they hear from the existing ones that you are an awkward sod then you are off to a bad start.

I would agree to let them apply for planning with permission to remove the tree and lower the hedge as requested, but they must pay for the work and ensure your boundary is stock proof.

Deeec

I think you should go back to them and say no problem doing what they want done but they have to cover the cost. No way you should pay for this - it's their problem. By the sounds of it the tree and ditch is not causing a problem for you or anyone else.

It's pretty cheeky that they appear to think you should just bear the cost and inconvenience of this.

893bet

https://www.boards.ie/discussion/comment/118341452#Comment_118341452

This seems fair. Agree for it to be done and let them carry the cost. Stay involved in the process or they will end up clearing the whole ditch.

If the ditch was dropped 12 inches would it need a run of wire to be stock proof?

kerryjack

Yes didn't realise they expected the OP to carry out the work, you can tell them to work away and cut up tree in to nice sized logs for your stove and a a couple of nice bottles of whiskey when you can sit down and have a hot one beside the stove and watch all your troubles disappear.

1373

Drop the hedge next time you’re cutting it , easy . A shame to be cutting down a tree if it’s avoidable. Ask them for money and see how small you’ll feel next time you meet them

Speedline

https://www.boards.ie/discussion/comment/118341452#Comment_118341452

Hopefully the new owners are reasonable. They may however be right cnuts.

Its reasonable to ask the neighbours to pay for any alterations having known they were needed for 20 years.

Eclectic Dan

OP I'm in the same position as your neighbour - I've asked the landowner in question and he didn't have a problem, but it goes without saying that we'd be paying for the works and owing him a huge favour if he ever needs similar.

Can't believe they'd expect you to pay

carfinder

Lowering the hedge should be done as its an easy one and would probably be seen as unreasonable not to. Regarding the tree, it would be perfectly reasonable to say no on that one. Sentimental attachment or simply environmental concerns would be perfectly reasonable

Easten

You should ask the Engineer how much he is getting paid, then ask him what he thinks you should get paid

Lime Tree Farm

You cut it down now based on a planning requirement and the onus will be on you to maintain it at that height from here on out.

squinn2912

You’d often have a situation where you’d go to a neighbour and ask would it be ok to… I can imagine the reception if I instructed an engineer to contact them in a similar way. Bizarre way to go about anything.

the comment above from Kerry Jack is rude, personal and uncalled for. I’m surprised nobody pulled him for that.

for something like that I’d let them do it… not sure about the tree but I’d be wondering if there might be something in return that they could improve before they head away with their half a million, God bless their little hearts.

blue5000

https://www.boards.ie/discussion/comment/118341452#Comment_118341452

Seems the fairest solution to me anyway, I can't see why OP should be out of pocket.

Have a wall at a crossroads on my land that used to block the line of sight to a main road. Neighbour with a digger asked me could he take the top of the wall, I let him work away. Ask the engineer if there is an accident going out the gate in future what's the story?

Wildly Boaring

Personally I'd happily do it.

But surely they need to do the work. Get the engineer to send on what is proposed in writing / sketch.

Get them to send on their proposed contractors details with insurance details covering the work involved.

You're talking about tree felling and excavation (even only 100mm) and traffic management.

Remember that if anything goes wrong during the works it can come back to bite you. Chainsaw accident, traffic accident, service strike.

kerryjack

Looks more like its creating some work for engineers and there buddies, 4 inches off the top of a ditch like what difference is that going to make, a lot of snouts in the pie that is the 500 K

K.G.

To be fair they should be making you an offer for this type of thing,you shouldn't have to ask for it.this type of thing regularly happens with septic tank percolation areas and such like.

Wildly Boaring

https://www.boards.ie/discussion/comment/118342343#Comment_118342343

Without more info I'd say a tree blocking sightlines is the real issue. And likely the 4 inches is actually more plus all vegetation.

Neighbour has not complied with conditions of planning.

May not have a cert of compliance. Went to local engineer for one. He comes out for visual inspection and cannot sign. It's a blatent contravention.

No sale without cert......

timple23

https://www.boards.ie/discussion/comment/118342294#Comment_118342294

I would also be looking for documentation from the County Council with regards to what works are required to comply with planning. And I would clarify who gets to keep the timber from the tree too.

whelan2

We had an issue here with something recently and it was 70m clear view the council wanted

epfff

What I'm taking from this is

A nice guy has been giving 2 fingers to planning laws for 20 years but now when he wants to move they finally caught up with him so he wants you to join so he can get last laugh at planning.

My experience is a neighbour got permission to do small trim and the edjit he got to do it misunderstood him and fully removed. He was very sorry and he gave contactor good public bollicking before thanking him.

Don't agree to anything if you want to be nice carry out work yourself to help him and make sure you don't break any laws cutting hedge or cutting a mature tree.

funkey_monkey

https://www.boards.ie/discussion/2058223359/neighbouring-site

What fncking use is lowering a ditch 4 inches? That is a load of balls.

TBH - I'd probably agree to it - with the caveat that they pay for a contractor of your approval to undertake the work (under your supervision). Don't be away gallivanting when the work is being done. You could pay for the contractor to do it yourself, but would you get recompensed by them - after all they are moving away?

funkey_monkey

https://www.boards.ie/discussion/comment/118343976#Comment_118343976

It would be the landowner who gets the timber regardless of who cuts it.

That's a good point about seeing what the council expects before agreeing. You could find the requirements snowballing after you agreeing to the work.

_Brian

I would agree, use the contractor of your choice with the agreement that they pay the full costs. I wouldn’t look to gain from the work though.

cj maxx

https://www.boards.ie/discussion/comment/118341452#Comment_118341452

This.

satstheway

You could buy house at a knock down rate. Lol.

Tileman

https://www.boards.ie/discussion/comment/118344757#Comment_118344757

That’s an important point.

some times people like to yo include you in the discussions on the problem so that you also become part of the solution. And it starts off at 4 inches but then once u agree they come back and say it now needs to be a few more inches But as you’ve agreed in principal already it’s harder to push back.

looksee

Agree on asking for engineer's opinion and report on exactly what needs to be done, in writing. Your contractor, confirm insurance, they pay. Otherwise co-operate, don't make an issue of it.

Donald Trump

https://www.boards.ie/discussion/comment/118341358#Comment_118341358

The man is right. I wouldn't give the Council an inch.

Belongamick

Agree with last poster .. engage an engineer to survey and document exactly what the requirement is. They should pay for the works.

Sometimes folks come looking for an inch but want to take a mile - neighbor locally wanted to create an entrance at the end of our garden via a private lane, to allow access to a large field to build on. (It got really daft for a while but that's a story for the high stool). No mention of compensation or the fact that our 4 small kids are on the lane way walking the dog etc. We said 'No' and neighbor proceeded to apply for planning with a road going through our garden anyway. We objected and application withdrawn. Point is some folks with trot over you and some folks just need a small bit of help.

wrangler

https://www.boards.ie/discussion/comment/118345923#Comment_118345923

I think I'd cut a tree /ditch to give them line of sight though, it's only a feckin tree,

I've facilitated neighbours here and some have been absolute pups since but still would do it again and a neighbour has just facilitated me for line of sight on a different lane

MakersMark

No way I'd be cutting down trees.

We're losing far too many as it is.

mickuhaha

You could get a contract made up by your solicitor about the work and maintenance that would have to be done. Then you could get it registered on their folio as a burden.

maestroamado

I would go to the planning office and view the planning file and see exactly what is in there... these people are too smart... i strongly expect that they may have told the council and there may be a letter stating that you agreed at the time...

This was pretty normal practice by councils in the past where a neighbor agrees in writing to do something to assist with the planning application... the fact that you are being asked 20 years later does not give these people much credibility... Get the facts in relation to the planning and let them suggest a figure + all work is carried by them at their expense... good neighbors??

rs8

As already said .. get it in writing and drawings whats been done off engineer. All cost go to neighbour in question! Insured contractor does work!! If you could get a nice fence out of it behind ditch would probably be the best you could do ... after that I think your over thinking things!

White Clover

https://www.boards.ie/discussion/comment/118346515#Comment_118346515

This^^ plus ensure its a proper stock proof fence. Not a bit of post and rail, or a couple of rows of barbed wire or a row of electric. Stock proof to keep in all classes of farm animals.

Aravo

https://www.boards.ie/discussion/comment/118346257#Comment_118346257

+1

Look up the councils online planning and see if that original planning is available to view online. See what is mentioned in relation to sightlines in the application and the planning permission conditions given by the council. Let this be a starting point.

older by the day

If they asked me themselves I would try to accommodate them but thru an engineer is a bit tough. Like the people before said. Cover your ass first. If they want to take the tree and lower the hedge then they should do the work to your specifications. And find out must the hedge be kept that low from now on, or will you be liable for an accident if it grew. And if you want money ask for it. Will they give a duck about you when they have moved. Some time people have more respect for the man who speaks up for himself

looksee

I have a hazy idea that creating a clear view by removing vegetation that can regrow is not acceptable for Planning.

maestroamado

When some asks a serious question and does not engage in the conversation it gets me to thinking... there may be more to this... i wonder which of the two parties got the original planning in the first place...

Deeec

https://www.boards.ie/discussion/comment/118350287#Comment_118350287

The OP said in the first line of his post that 'the site was sold on adjoining land by his neighbour years ago' - it was never the OP's land if thats what you are getting at.

maestroamado

https://www.boards.ie/discussion/comment/118350403#Comment_118350403

I asked who got the planning... the planing was granted on the basis that OP agree to make changes but they were not asked... the land the changes need to be made on are the property of OP... we may not have the whole picture...

wrangler

Surely if the tree is cut and the ditch is cut, there's no difference in cutting a ditch or tree in any other part of the farm.

Me thinks you're over thinking

DBK1

https://www.boards.ie/discussion/comment/118350558#Comment_118350558

I’d have to agree. Just get the agreement in writing to avoid any hassle down the line and tell them work away and cut the tree and ditch. No point getting worked up over simple things.

wrangler

https://www.boards.ie/discussion/comment/118350633#Comment_118350633

I wouldn't even let them near it, I'd do it myself.

DBK1

https://www.boards.ie/discussion/comment/118350642#Comment_118350642

I be the same myself but some lads would worry they were being done in that scenario.

I’d a neighbour rang me about this time last year and he was after getting a new internet dish up. There was a tree in one of my field ditches blocking the line of sight for it. About 2 hours after that phone call the two of us had the tree knocked and he had perfect internet reception. We had to let it fall onto a 3 strand barbed wire fence belonging to me. It was a big enough tree so 3 or 4 stakes got broke and the wire was flattened. He offered to repair the fence and cut up the tree for firewood for me but I said there was no need, I’d look after it myself.

A few weeks back I had an electric wire break, and my cattle got out. They ended up down beside that same neighbours house and when scratching off his post and rail fence broke one of the rails and got in on his lawn. Only weanlings so no damage done to his lawn or anything but his wife and 2 kids put my cattle back in the field and rang me just to let me know for fear they’d get out on the road. I apologised and was told not to worry about it at all so long as they were safe from the road was the main thing.

What goes around comes around and I’m sure if I refused to knock the tree for them things may not have been as simple when my cattle got out.