Am I responsible for cutting the hedge on my Neighbour’s side

riclad · 09-09-2019 3:40pm

if i was going to plant a hedge i would ask permission first,
out of politeness,
It could reduce the sunlight going into the neighbours garden if its above
a certain height ,
cutting a hedge means there will loose leaves that need to be taken away.
i, want to be a good neighbour, not just do the Bare minimum that is required by the law.
In the long run ,being nice and polite to your neighbours is a good idea.

Kaskade · 09-09-2019 4:07pm

riclad wrote: »

if i was going to plant a hedge i would ask permission first,
out of politeness,
It could reduce the sunlight going into the neighbours garden if its above
a certain height ,
cutting a hedge means there will loose leaves that need to be taken away.
i, want to be a good neighbour, not just do the Bare minimum that is required by the law.
In the long run ,being nice and polite to your neighbours is a good idea.

I would normally agree with you. Thankfully for us the house is actually sold and no longer ours and the demanding texts have come because they are afraid they will miss out if I don’t cut their side before the house is sold. It’s already sold but I will bite my tongue and cut their side because I don’t want the new owner to have to deal with this mess.

ldy4mxonucwsq6 · 09-09-2019 4:14pm

riclad wrote: »

if i was going to plant a hedge i would ask permission first,
out of politeness,
It could reduce the sunlight going into the neighbours garden if its above
a certain height ,
cutting a hedge means there will loose leaves that need to be taken away.
i, want to be a good neighbour, not just do the Bare minimum that is required by the law.
In the long run ,being nice and polite to your neighbours is a good idea.

Would also be interested in the legalities.

Neighbour recently planted a hedge (didn't ask or mention it to me) right along the boundary line. Not beside the boundary, the hedge is now the boundary if you get me.

I presume I now have a hedge that I didnt want or need and it's up to me to maintain the side that faces me. I have to cut my side and they cut theirs??

Why they didn't just plant it on their side I don't know.

BarryD2 · 09-09-2019 4:14pm

Things are seldom what they seem on boards threads, that's for sure!

pwurple · 09-09-2019 5:04pm

Ryan Disgusting Sludge wrote: »

Would also be interested in the legalities.

Neighbour recently planted a hedge (didn't ask or mention it to me) right along the boundary line. Not beside the boundary, the hedge is now the boundary if you get me.

I presume I now have a hedge that I didnt want or need and it's up to me to maintain the side that faces me. I have to cut my side and they cut theirs??

Why they didn't just plant it on their side I don't know.

You would have to maintain whatever was there. That is the nature of a boundary.

A fence needs treating
A plastered wall needs painting
A stone wall needs cleaning
A ditch needs weeding
A hedge needs cutting
A wire or electric fence needs checking and repairing.
A grass patch needs mowing.

ldy4mxonucwsq6 · 09-09-2019 5:19pm

pwurple wrote: »

You would have to maintain whatever was there. That is the nature of a boundary.

A fence needs treating
A plastered wall needs painting
A stone wall needs cleaning
A ditch needs weeding
A hedge needs cutting
A wire or electric fence needs checking and repairing.
A grass patch needs mowing.

Yes, open plan lawn before the hedge was planted which we took turns to mow. Nothing in the way of a boundary there to maintain beforehand.

10-09-2019 8:33am

Kaskade wrote: »

I would normally agree with you. Thankfully for us the house is actually sold and no longer ours and the demanding texts have come because they are afraid they will miss out if I don’t cut their side before the house is sold. It’s already sold but I will bite my tongue and cut their side because I don’t want the new owner to have to deal with this mess.

Do it for the person you are selling the house to. While I was on your side up to this and don’t see why so many people think you are responsible for cutting back trees inside your neighbors boundary, this new piece of info changes my opinion. Don’t have the new owner starting off with a boundary issue, cut it, say goodbye to the pest next door and walk away the bigger man.

10-09-2019 9:31am

The government need to cop the feck on, in all honesty, when it comes to neighbours planting at boundaries. It causes some amount of hassle between neighbours (and I don't mean people already disliking each other like the OP and his)

There is no way that someone should be allowed plant something which encroaches on/over/under other's property, litters said property, and potentially damages said property without consent.
The fact that you can not cut tree branches, if they may make a tree unstable, can not excavate roots (for your own landscaping) for the same reason, can not hand back the litter from the plant etc is a feck ugly way to have the rules around this.

Graham · 10-09-2019 10:33am

Deleted User wrote: »

There is no way that someone should be allowed plant something which encroaches on/over/under other's property, litters said property, and potentially damages said property without consent.
The fact that you can not cut tree branches, if they may make a tree unstable, can not excavate roots (for your own landscaping) for the same reason, can not hand back the litter from the plant etc is a feck ugly way to have the rules around this.

You appear to be calling for an almost blanket ban on planting in most urban or suburban areas apart from potted plants.

Are you sure that's what we want?

10-09-2019 10:42am

Graham wrote: »

You appear to be calling for an almost blanket ban on planting in most urban or suburban areas apart from potted plants.

Are you sure that's what we want?

Not at all but the maintenance and safety of it should completely fall on the person planting.

Height limits should be applied (or agreed on in advance)
Root spread needs to be tackled in advance.
All detritus should be responsibility of planter/owner

Basically you plant it, you own it, you maintain it and "Don't be a dick"

Kaskade · 10-09-2019 12:00pm

[Deleted User] wrote: »

Not at all but the maintenance and safety of it should completely fall on the person planting.

Height limits should be applied (or agreed on in advance)
Root spread needs to be tackled in advance.
All detritus should be responsibility of planter/owner

Basically you plant it, you own it, you maintain it and "Don't be a dick"

I would disagree with this. The neighbours planning permission states that they had to play a hedge between 12 month. They did not. They are benefiting from our free hedge with regard to privacy and saving money on not planting their own. If they were going to sell their house they would be quick to claim their side of the hedge so that they comply with planning,

Kaskade · 10-09-2019 12:02pm

Dav010 wrote: »

Do it for the person you are selling the house to. While I was on your side up to this and don’t see why so many people think you are responsible for cutting back trees inside your neighbors boundary, this new piece of info changes my opinion. Don’t have the new owner starting off with a boundary issue, cut it, say goodbye to the pest next door and walk away the bigger man.

I totally agree with you and as I said in the previous post I will cut it so that the purchaser isn’t left dealing with the mess. I would never do that to anybody. And I will gladly walk away from the pest as the bigger man!

10-09-2019 12:13pm

Kaskade wrote: »

I would disagree with this. The neighbours planning permission states that they had to play a hedge between 12 month. They did not. They are benefiting from our free hedge with regard to privacy and saving money on not planting their own. If they were going to sell their house they would be quick to claim their side of the hedge so that they comply with planning,

They not having a hedge is not the issue here. They may have been required but your planting is a separate issue.
Stop trying to justify your own hedge like this.

Legality is on your side and that is what many people around the county have issue with.
I've seen people destroy neighbours' gardens by cutting all light from there and allowing roots destroy lawns. Planting law and boundary rights need to be amended.

Kaskade · 10-09-2019 1:01pm

[Deleted User] wrote: »

They not having a hedge is not the issue here. They may have been required but your planting is a separate issue.
Stop trying to justify your own hedge like this.

Legality is on your side and that is what many people around the county have issue with.
I've seen people destroy neighbours' gardens by cutting all light from there and allowing roots destroy lawns. Planting law and boundary rights need to be amended.

No longer my problem thankfully as the house is sold but if I suggest ripping it out they would be the first to go mad

10-09-2019 1:36pm

Kaskade wrote: »

No longer my problem thankfully as the house is sold but if I suggest ripping it out they would be the first to go mad

Again this is all about justifying your own actions, not that of your "awkward" neighbour.

Don't quite understand this thread to be honest. Look you wanted to know where you stood legally, basically until damage is being done you need to do nothing, but seem to be looking for validation of your actions also.

10-09-2019 1:43pm

[Deleted User] wrote: »

Again this is all about justifying your own actions, not that of your "awkward" neighbour.

Don't quite understand this thread to be honest. Look you wanted to know where you stood legally, basically until damage is being done you need to do nothing, but seem to be looking for validation of your actions also.

Why do you keep saying this?

The op asked if he is legally required to cut branches overhanging into a neighbours property, the answer is you are not legally required to do anything on another persons property. The neighbour can cut what overhangs the boundary, but the op does not have to cut their side.

Whether he should, or not is a subjective opinion, but not one based on obligation. If your neighbour is a dick and has made life difficult, then not many people are inclined to do a good deed for them, so spare us the moral outrage please.

ldy4mxonucwsq6 · 10-09-2019 1:45pm

Well I don't think anyone can demand that you cut the hedge but I know I will be 'maintaining' the hedge that my neighbours kindly planted right on the boundary line. It's actually over the boundary into mine at some parts (surely the should have planted inside their own garden or at least asked).

Anything on my side of the boundary is OK to maintain yes? Interested to know if they own the hedge because they planted it or is it now considered a 'party hedge' because its on the boundary?

Kaskade · 10-09-2019 1:56pm

Ryan Disgusting Sludge wrote: »

Well I don't think anyone can demand that you cut the hedge but I know I will be 'maintaining' the hedge that my neighbours kindly planted right on the boundary line. It's actually over the boundary into mine at some parts (surely the should have planted inside their own garden or at least asked).

Anything on my side of the boundary is OK to maintain yes? Interested to know if they own the hedge because they planted it or is it now considered a 'party hedge' because its on the boundary?

From what I’ve read you are welcome to maintain and trim anything over banging on your side.

stratowide · 10-09-2019 2:49pm

If I was the OP I'd leave the hedge as it is.Do nothing with it.If you are happy with it.

If I was the neighbour I'd get the chainsaw/hedge cutter out and anything overhanging my side of the border is coming down.Regardless.

Any downed branches will be returned to their owner.

Have a nice day.:)

Ray Palmer · 10-09-2019 3:46pm

stratowide wrote: »

If I was the OP I'd leave the hedge as it is.Do nothing with it.If you are happy with it.

If I was the neighbour I'd get the chainsaw/hedge cutter out and anything overhanging my side of the border is coming down.Regardless.

Any downed branches will be returned to their owner.

Have a nice day.:)

And if the neighbour doesn't want the branches? They don't have to take them and if they are dumped on their property it is illegally dumping.

If branches over hand into your property you can cut them and have to OFFER them back but they don't have to accept them.

Wildly Boaring · 10-09-2019 5:00pm

It is some mess though isn't it.

Say I've a half acre site out the country and i build a lovely fence along the boundary.

Johnny buys a new site next door and fires in a hedge two foot back from the boundary.

Johnny gets to direct the type and height of my newly acquired hedge. I have to buy a hedge cutter for few hundred euro. I now have to reach through/over my own fence to keep his white thorn or laurel or privot or beach or whatever cut. I have to dispose if a trailer load of cuttings 3 or 4 times a year and I can't cut the top of it.

No one can really see my lovely fence.

And then he'd get to tell me how I benefited from his lovely hedge.

10-09-2019 5:42pm

Bingo

antix80 · 10-09-2019 5:47pm

If my neighbour planted a hedge on the boundary and didn't cut it I'd plant some nice bind weed on my side of the boundary. Or I'd just not play games and tear the whole lot out.
You planted it knowing it would encroach on his garden. Keep it tidy or lose it.

antix80 · 10-09-2019 5:49pm

Ray Palmer wrote: »

And if the neighbour doesn't want the branches? They don't have to take them and if they are dumped on their property it is illegally dumping.

If branches over hand into your property you can cut them and have to OFFER them back but they don't have to accept them.

This is gob****ery that people keep posting. Take it with a pinch of salt.

Seems to apply to trees rather than hedges or weeds anyway.

Wildly Boaring · 10-09-2019 5:50pm

Can't tear it out. It's on their property. Can only look on as it grows to the height of a nice bungalow.

Oh and cut the stuff overhanging into your garden

BDI · 10-09-2019 5:54pm

Are you purposely blocking out their sun?

Or

Did you land somebody with a house that has neighbours from hell? Suckers what?

10-09-2019 6:47pm

Dav010 wrote: »

Why do you keep saying this?

Saying what?

10-09-2019 6:50pm

[Deleted User] wrote: »

Saying what?

That this is all about the op justifying his own actions, ie not wanting to go into neighbors property to cut the trees.

The op asked about the legal requirement to do so, there is none.

riclad · 10-09-2019 8:35pm

IF someone buys land they have a right to plant a hedge,you can put up an 8 foot fence
on your side, most hedges will not grow higher than
6foot.

Graham · 10-09-2019 11:00pm

Deleted User wrote: »

Not at all but the maintenance and safety of it should completely fall on the person planting.

Height limits should be applied (or agreed on in advance)
Root spread needs to be tackled in advance.
All detritus should be responsibility of planter/owner

Basically you plant it, you own it, you maintain it and "Don't be a dick"

All of which might be your personal opinion, largely unsupported by the actual law.

Hoboo · 10-09-2019 11:05pm

This ad flashed up on the thread. Maybe a sign!

pwurple · 11-09-2019 7:11am

Really don't get the anti-life sentiment here either.

Growing boundaries are much more biodiversity friendly than concrete walls etc. Do people just want to concrete over the whole country?

Kaskade · 11-09-2019 7:24am

It’s actually comical at this stage reading the two completely different schools of thought and slightly worrying how emotional and somewhat aggressive some people are.

I’m just glad I’ll be out if the situation and my new neighbours are logical, considerate and decent human beings.

I can clearly remember having the conversation with them around the time when the hedge was planted. I was very naive in thinking that this would be a shared hedge we would both be fit from but that only I was listing for. my previous experience from my family was where neighbours were Neighbourly and took turns maintaining the hedge that the both benefited from regardless of who planted it.

Having spoken to 2 solicitors I have still not got a concrete answer as to whether I MUST cut their side. I know they are allowed to cut their side. I have arranged to cut their side before the new owner takes over and I will happily hand over the keys knowing that I’m not handing over a problem.

ldy4mxonucwsq6 · 11-09-2019 9:08am

Kaskade wrote: »

It’s actually comical at this stage reading the two completely different schools of thought and slightly worrying how emotional and somewhat aggressive some people are.

I’m just glad I’ll be out if the situation and my new neighbours are logical, considerate and decent human beings.

I can clearly remember having the conversation with them around the time when the hedge was planted. I was very naive in thinking that this would be a shared hedge we would both be fit from but that only I was listing for. my previous experience from my family was where neighbours were Neighbourly and took turns maintaining the hedge that the both benefited from regardless of who planted it.

Having spoken to 2 solicitors I have still not got a concrete answer as to whether I MUST cut their side. I know they are allowed to cut their side. I have arranged to cut their side before the new owner takes over and I will happily hand over the keys knowing that I’m not handing over a problem.

You don't HAVE to cut their side, unless the entire hedge falls within your boundary. If it's within your boundary then you have to look after it.

If some of the hedge encroaches on your neighbours property then it's up to them to cut it (if they want to).

In my case I have a hedge now that I don't want the hassle of maintaining. But it is what it is!

If someone wants a hedge, they should plant it firmly within their own property and make sure it stays that way so that issues don't arise.

antix80 · 11-09-2019 9:26am

Kaskade wrote: »

It’s actually comical at this stage reading the two completely different schools of thought and slightly worrying how emotional and somewhat aggressive some people are.

It's actually comical you can't see the other side of the argument.

What if your neighbour approached you and said "I'm fed up with the hedge, I'm going to pull it up and build a wall. It will require less maintenance and both of us will benefit from it." What would you say then? Would you offer to maintain your hedge if you could keep it? Or is it a case that the hedge was there first and like a white elephant he must maintain it? Do you realise he was probably being neighbourly by agreeing to you planting the hedge and assumed you'd be considerate in maintaining it in terms of size, height, etc and not leave it to take over like a weed?

Graces7 · 11-09-2019 9:36am

antix80 wrote: »

It's actually comical you can't see the other side of the argument.

What if your neighbour approached you and said "I'm fed up with the hedge, I'm going to pull it up and build a wall. It will require less maintenance and both of us will benefit from it." What would you say then? Would you offer to maintain your hedge if you could keep it? Or is it a case that the hedge was there first and like a white elephant he must maintain it? Do you realise he was probably being neighbourly by agreeing to you planting the hedge and assumed you'd be considerate in maintaining it in terms of size, height, etc and not leave it to take over like a weed?

Having been in a situation like this I assure you the OP knows the situation and the people involved very well. OP soon you will be away!

Kaskade · 11-09-2019 10:14am

antix80 wrote: »

It's actually comical you can't see the other side of the argument.

What if your neighbour approached you and said "I'm fed up with the hedge, I'm going to pull it up and build a wall. It will require less maintenance and both of us will benefit from it." What would you say then? Would you offer to maintain your hedge if you could keep it? Or is it a case that the hedge was there first and like a white elephant he must maintain it? Do you realise he was probably being neighbourly by agreeing to you planting the hedge and assumed you'd be considerate in maintaining it in terms of size, height, etc and not leave it to take over like a weed?

I can absolutely see the other side. I’d happily take a wall instead of the hedge, anything to not have to look at his ugly mug but he is too bloody tight to do anything. Clearly he likes us more than we liked him hence we wanted the privacy.

As I already said. I’m getting it cut and then I’m out ðŸ™

stratowide · 11-09-2019 10:24am

Kaskade wrote: »

I can absolutely see the other side. I’d happily take a wall instead of the hedge, anything to not have to look at his ugly mug but he is too bloody tight to do anything. Clearly he likes us more than we liked him hence we wanted the privacy.

As I already said. I’m getting it cut and then I’m out ðŸ™

I had hedges both sides of my house.(rural).They were fairly wild and out of control.

Went into right side neighbour and said I'm thinking of building a wall,what would they think..?
Work away no problem.I was paying for the wall.so I built the wall.

Left side neighbour likes the wall and offers to go halves on his side.happy days.

So now I've two big walls either side.You need an aeroplane to see into my back garden now.

Cost a few quid but it was well worth it.Some piece of mind now.

Could be an option for you.

Ray Palmer · 11-09-2019 2:19pm

antix80 wrote: »

Ray Palmer wrote: »

And if the neighbour doesn't want the branches? They don't have to take them and if they are dumped on their property it is illegally dumping.

If branches over hand into your property you can cut them and have to OFFER them back but they don't have to accept them.

This is gob****ery that people keep posting. Take it with a pinch of salt.

Seems to apply to trees rather than hedges or weeds anyway.

There is absolutely no suggestion it only applies to trees. It is the law and that is that.

It is very simple nobody has the right to access their neighbours garden. That means they don't have the ability to go and cut your plants reaching into their garden. Therefore you don't have any obligation to maintain the plants on their side of the wall.
The neighbour meanwhile is entitled to cut back what is on their side. As fruit or growing from cuttings the neigbour has to offer them back to the owner of the plants. The owner of the plants doesn't necessarily want it so can refuse.

All makes perfect sense. The expectation to get people to access somebody else's that can have so many restrictions based on the neighbour's wishes it is unreasonable.

11-09-2019 10:30pm

Graham wrote: »

All of which might be your personal opinion, largely unsupported by the actual law.

Did you not see the part where I said I think that the law needs changing?

You know where I think the law is not sufficient at all in this area

11-09-2019 10:32pm

Dav010 wrote: »

That this is all about the op justifying his own actions, ie not wanting to go into neighbors property to cut the trees.

The op asked about the legal requirement to do so, there is none.

I said he's been given his answer, legally soeaking, yet keeps trying to give "reasons" why the neighbour should be happy

Graham · 11-09-2019 11:13pm

Deleted User wrote: »

Did you not see the part where I said I think that the law needs changing?

You know where I think the law is not sufficient at all in this area

I did see the point you made all be it I don't agree with it. I don't think it's at all necessary for the law to cover every tiny aspect of everyday life.

It's a hedge, not a crop of invading triffids. If it's growing into your garden and you think it needs trimming, grab a clippers and knock yourself out. It's worked that way for generations apart from the odd numb nuts that gets some bizarre notion.

12-09-2019 6:59pm

Graham wrote: »

I did see the point you made all be it I don't agree with it. I don't think it's at all necessary for the law to cover every tiny aspect of everyday life.

It's a hedge, not a crop of invading triffids. If it's growing into your garden and you think it needs trimming, grab a clippers and knock yourself out. It's worked that way for generations apart from the odd numb nuts that gets some bizarre notion.

Sure it's a minor thing as the OP cuts the top. I've seen issues start between neighbours because you end uo with overgrown 15 foot hedges completely shading gardens and trees planted at the border which can not be cut because your not allowed unbalance a tree.

You think it's an odd issue between neighbours?

Read first paragraph alone

https://treecouncil.ie/tree-advice/trees-law/

Graham · 12-09-2019 7:53pm

Different scenario, different discussion, my response would probably have been different.

12-09-2019 9:22pm

Kaskade wrote: »

I have arranged to cut their side before the new owner takes over and I will happily hand over the keys knowing that I’m not handing over a problem.

Id say there will be a problem regardless.
The new owners will move in and be told that they will be maintaining both sides of the hedge as the previous owners used to

ldy4mxonucwsq6 · 12-09-2019 9:29pm

9935452 wrote: »

Id say there will be a problem regardless.
The new owners will move in and be told that they will be maintaining both sides of the hedge as the previous owners used to

Or they might just tear it up.

riclad · 12-09-2019 9:58pm

I think the law is if a tree or a plant is over hanging your property ,
you can cut it back,
it,s not your job to worry about balancing a tree .Your neighbour doe,s not the right to have a hedge or a tree overhanging your land .

SuperS54 · 13-09-2019 3:39am

riclad wrote: »

it,s not your job to worry about balancing a tree .Your neighbour doe,s not the right to have a hedge or a tree overhanging your land .

Unfortunately current it is your job, you will have issues if you cause instability through pruning. And unfortunately currently they have every right to have a hedge or tree overhanging your land.

Graces7 · 13-09-2019 5:42am

Deleted User wrote: »

Sure it's a minor thing as the OP cuts the top. I've seen issues start between neighbours because you end uo with overgrown 15 foot hedges completely shading gardens and trees planted at the border which can not be cut because your not allowed unbalance a tree.

You think it's an odd issue between neighbours?

Read first paragraph alone

https://treecouncil.ie/tree-advice/trees-law/

Nothing surprises me any more. At one rental there were tall conifers that were twice the height of the 2 storey house just across the narrow lane. nb the lane itself was a disputed right of way... My landlord had been refused insurance on the house as they were so unstable and dangerous. They were on the neighbour;s land and there was no way he was about to get them topped. This was atop a mountain in Kerry so the gales were.... interesting. Landlord has sold now so someone else's problem.

Never met these problems anywhere but Ireland.

13-09-2019 9:33am

Graham wrote: »

Different scenario, different discussion, my response would probably have been different.

Which is why I said that the OP has no legal requirement to do anything but, overall, I think that the law needs to be changed to prevent these issues.

Am I responsible for cutting the hedge on my Neighbour’s side

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