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Tree overgrowing into my garden

  • 11-11-2018 10:25PM
    #1
    holyhead
    Closed Accounts Posts: 1,249 ✭✭✭


    The back of my estate runs parallel to a field, essentially a farmers field. There is a 3 foot old stone wall directly behind which grows this tree. This tree is up against the back wall of my property which has been growing for years. The problem is the tree continues to grow into my property and he has show no inclination of his own to either cut it back to the wall or remove it. My house is the only one of about 14 in a row affected by this. What are my options?


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Comments

  • #2
    elperello
    Registered Users, Registered Users 2, Paid Member Posts: 19,035 ✭✭✭✭elperello


    holyhead wrote: »
    The back of my estate runs parallel to a field, essentially a farmers field. There is a 3 foot old stone wall directly behind which grows this tree. This tree is up against the back wall of my property which has been growing for years. The problem is the tree continues to grow into my property and he has show no inclination of his own to either cut it back to the wall or remove it. My house is the only one of about 14 in a row affected by this. What are my options?

    First move is to talk to the farmer and outline your concerns.


  • #3
    the_pen_turner
    Registered Users, Registered Users 2 Posts: 7,787 ✭✭✭the_pen_turner


    pay someone to cut back to the boundry
    ask farmer to pay to cut it
    offer to pay the farmer to have it cut down
    get someone out to have a look and see if its dangerous and has to be taken down


  • #4
    holyhead
    Closed Accounts Posts: 1,249 ✭✭✭holyhead


    Just reading that if I pay for the tree to be pruned back to the wall I have to offer the cuttings to the farmer. Interesting!


  • #5
    Water John
    Registered Users, Registered Users 2 Posts: 21,845 ✭✭✭✭Water John


    That's the order, talk to him, outline the problem. He offers to cut it back or he doesn't. He may let you cut it. You then cut it and offer him the cuttings.
    He more than likely tells you cut it yourself and you at the same time ask him does he want the cuttings.


  • #6
    elperello
    Registered Users, Registered Users 2, Paid Member Posts: 19,035 ✭✭✭✭elperello


    holyhead wrote: »
    Just reading that if I pay for the tree to be pruned back to the wall I have to offer the cuttings to the farmer. Interesting!

    Yes that's the law but he doesn't have to take them.

    What sort of tree is it and how high?


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  • #7
    holyhead
    Closed Accounts Posts: 1,249 ✭✭✭holyhead


    Shouldn't he have simply removed the tree once the estate was being built. There was no way for the tree to have a natural life without it growing into an adjoining property.


  • #8
    holyhead
    Closed Accounts Posts: 1,249 ✭✭✭holyhead


    elperello wrote: »
    Yes that's the law but he doesn't have to take them.

    What sort of tree is it and how high?

    I'm not too familiar with types of trees to be honest. It would be the height of the house pretty much. It's far enough away not for me to have an argument in terms of light. But I would imagine it's removal would brighten up my house.

    Is there any circumstances in which I cut the tree back to my side of the boundary wall he could come back at me over it?

    Why should I have to cut back the tree. Can the farmer be compelled to do so?


  • #9
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    holyhead wrote:
    Shouldn't he have simply removed the tree once the estate was being built. There was no way for the tree to have a natural life without it growing into an adjoining property.


    The tree was there first in fairness.

    Some trees have protection orders or something similar.

    I'm in Dublin 5 and a lot of trees are protected. They tend to be cut back or cut down on bank holiday weekends when it can't be reported to the council till its done.


  • #10
    holyhead
    Closed Accounts Posts: 1,249 ✭✭✭holyhead


    Sleeper12 wrote: »
    The tree was there first in fairness.

    I have nothing against the tree except that it is right on a boundary wall. Mine is the only house affected.


  • #11
    elperello
    Registered Users, Registered Users 2, Paid Member Posts: 19,035 ✭✭✭✭elperello


    He probably just didn't bother cutting it when the estate was going up rather than left it there for any reason.

    You presumably bought the house with the tree there.

    There is a good bit of firewood in a tree that size and farmers usually like a bit of firing so he might be happy to knock it.

    Have a friendly chat and see how it goes.


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  • #12
    holyhead
    Closed Accounts Posts: 1,249 ✭✭✭holyhead


    What is the logic behind offering the owner of the tree cuttings?


  • #13
    elperello
    Registered Users, Registered Users 2, Paid Member Posts: 19,035 ✭✭✭✭elperello


    holyhead wrote: »
    What is the logic behind offering the owner of the tree cuttings?

    Technically they are his property as he owns the tree.


  • #14
    holyhead
    Closed Accounts Posts: 1,249 ✭✭✭holyhead


    elperello wrote: »
    Technically they are his property as he owns the tree.

    Fair point. However it does seem hassle considering I don't want to have to be cutting down branches of someone else's trees which shouldn't be crossing over into my back garden. Does he not as the owner of the tree have an obligation to ensure it does not encroach on other people's property?


  • #15
    elperello
    Registered Users, Registered Users 2, Paid Member Posts: 19,035 ✭✭✭✭elperello


    holyhead wrote: »
    Fair point. However it does seem hassle considering I don't want to have to be cutting down branches of someone else's trees which shouldn't be crossing over into my back garden. Does he not as the owner of the tree have an obligation to ensure it does not encroach on other people's property?

    That's the trouble with boundaries, they lead to situations like this.
    Over time law has developed to deal with most of them.
    He has no obligation but the tree is only going to get bigger and possibly cause him more grief if it comes down in a storm or branches fall.
    Farmers tend to have chainsaws, tractor & trailer etc. It's probably not as much of a big deal to him to cut it.
    As I said, have the chat.


  • #16
    holyhead
    Closed Accounts Posts: 1,249 ✭✭✭holyhead


    Interesting he has no obligation re the tree. My hands are tied if he doesn't play ball re the tree. From what neighbours tell me he is quick to notice if cut grass goes over into his field yet he doesn't extend the equivalent regard to those on the other side.


  • #17
    elperello
    Registered Users, Registered Users 2, Paid Member Posts: 19,035 ✭✭✭✭elperello


    holyhead wrote: »
    Interesting he has no obligation re the tree. My hands are tied if he doesn't play ball re the tree. From what neighbours tell me he is quick to notice if cut grass goes over into his field yet he doesn't extend the equivalent regard to those on the other side.

    It's not that he has no obligation.
    If it or part of it falls into your place and does damage he will be liable and he most likely knows that.

    The grass thing is understandable. No farmer will want people throwing stuff over the wall into his land.


  • #18
    holyhead
    Closed Accounts Posts: 1,249 ✭✭✭holyhead


    elperello wrote: »
    It's not that he has no obligation.
    If it or part of it falls into your place and does damage he will be liable and he most likely knows that.

    The grass thing is understandable. No farmer will want people throwing stuff over the wall into his land.

    We all protect our own patch. I get that. I don't know where he lives but sometimes see him cutting the field with a tractor. I may approach him so and hope he is reasonable.


  • #19
    Sheep breeder
    Registered Users, Registered Users 2 Posts: 2,449 ✭✭✭Sheep breeder


    holyhead wrote: »
    Interesting he has no obligation re the tree. My hands are tied if he doesn't play ball re the tree. From what neighbours tell me he is quick to notice if cut grass goes over into his field yet he doesn't extend the equivalent regard to those on the other side.

    The tree is a landscape feature and he cannot interfere with it. As for the cut grass if the farmer was throwing it into your garden would you be happy 😊


  • #20
    bertsmom
    Registered Users, Registered Users 2 Posts: 539 ✭✭✭bertsmom


    holyhead wrote:
    Interesting he has no obligation re the tree. My hands are tied if he doesn't play ball re the tree. From what neighbours tell me he is quick to notice if cut grass goes over into his field yet he doesn't extend the equivalent regard to those on the other side.


    It sounds like the tree was there before the houses. I too would be quick to notice if cut grass was thrown over my wall. Nobody has the right to just throw what they don't want into someone else's property regardless of whether it is cut grass or domestic refuse, cut grass can cause problems for farm animals.
    He probably hasn't given the tree any thought why not just approach him in a reasonable manner bearing in mind he has no legal obligation to do as you ask.
    You catch more flies with honey than vinegar...but if you approach lecturing about how he isn't "extending regard" to you I can imagine you could be told to jog on.


  • #21
    elperello
    Registered Users, Registered Users 2, Paid Member Posts: 19,035 ✭✭✭✭elperello


    holyhead wrote: »
    We all protect our own patch. I get that. I don't know where he lives but sometimes see him cutting the field with a tractor. I may approach him so and hope he is reasonable.

    If you enquire locally someone will know where he lives.

    If the tree is close to the wall it may damage the wall as it grows as well.
    When you talk to him make it clear that you both have a problem and you want to sort it amicably.


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  • #22
    holyhead
    Closed Accounts Posts: 1,249 ✭✭✭holyhead


    Sheep breeder wrote: »
    The tree is a landscape feature and he cannot interfere with it. As for the cut grass if the farmer was throwing it into your garden would you be happy 😊

    I'm not throwing grass into his field. When you say he cannot interfere with it it is simply allowed to overgrow into someone else's property?


  • #23
    holyhead
    Closed Accounts Posts: 1,249 ✭✭✭holyhead


    bertsmom wrote: »
    but if you approach lecturing about how he isn't "extending regard" to you I can imagine you could be told to jog on.

    He doesn't want foreign material appearing on his land. Fair enough. Yet he doesn't mind a tree of his growing into someone else's property!


  • #24
    bertsmom
    Registered Users, Registered Users 2 Posts: 539 ✭✭✭bertsmom


    Trees grow... I believe that doesn't actually break any law....shocking really!


  • #25
    holyhead
    Closed Accounts Posts: 1,249 ✭✭✭holyhead


    The main reason I didn't approach him since I bought the house is I didn't know who owned the field, and given the field's location in the middle of a town I expected at some point the field would turn into houses.


  • #26
    holyhead
    Closed Accounts Posts: 1,249 ✭✭✭holyhead


    bertsmom wrote: »
    Trees grow... I believe that doesn't actually break any law....shocking really!

    I don't mind where the tree grows as long as it's not into my back garden!


  • #27
    bertsmom
    Registered Users, Registered Users 2 Posts: 539 ✭✭✭bertsmom


    holyhead wrote:
    I don't mind where the tree grows as long as it's not into my back garden!


    Well then you have already been given the correct advice! Cut what overhangs into your garden and then offer him back the clippings.....It's NOT rocket science!


  • #28
    Graniteville
    Closed Accounts Posts: 290 ✭✭Graniteville


    Look at it this way.

    Your view - the tree is the dominant feature of my small garden.

    Farmer view - what tree. Oh that little dot over there.


    Basically, you have the issue, and a valid one. But the farmer neither knows nor probably cares.

    Find out who it is and engage with them. The right approach will give the right answer.


  • #29
    holyhead
    Closed Accounts Posts: 1,249 ✭✭✭holyhead


    Graniteville wrote: »
    Look at it this way.

    Your view - the tree is the dominant feature of my small garden.

    Farmer view - what tree. Oh that little dot over there.


    Basically, you have the issue, and a valid one. But the farmer neither knows nor probably cares.

    Find out who it is and engage with them. The right approach will give the right answer.

    As you say he may not care. We all look out for our own patch!


  • #30
    893bet
    Registered Users, Registered Users 2, Paid Member Posts: 10,555 ✭✭✭✭893bet


    elperello wrote: »
    It's not that he has no obligation.
    If it or part of it falls into your place and does damage he will be liable and he most likely knows that.

    The grass thing is understandable. No farmer will want people throwing stuff over the wall into his land.

    Is he liable if a tree falls from his land and does damage?


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  • #31
    holyhead
    Closed Accounts Posts: 1,249 ✭✭✭holyhead


    893bet wrote: »
    Is he liable if a tree falls from his land and does damage?

    I think the tree would have to be in a state of natural unbalance or decay for him to be liable. If the tree was damaged maliciously or toppled by exceptional weather he may not be responsible.


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