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

Living Off The Splash · 09-09-2019 9:17am

I cut my hedge on my neighbours side of the garden. Once a year.

They don't cut their hedge in their neighbours garden on the opposite side.

They are completely unaware people. If they were nasty people I wouldn't cut it and I don't think I am legally obliged to do so.

SuperS54 · 09-09-2019 9:20am

PhilipJ wrote: »

@supers54, you really need to read the OP posts again.

Why?

Kaskade wrote:

If there was another person living there I would absolutely cut the hedge but for the 3rd time I’m NOT getting into details here.

So not cutting the hedge is your idea of punishing them for something else? I've had horrible neighbours in the past and I can absolutely emphatise with not wanting to be in their garden with them looking at you cutting the hedge on their orders however that doesn't make it right. If it's not overly expensive I'd look at having someone else do it and paying them, that way the hedge gets cut and arrangements are made without your direct involvement.

Ursus Horribilis · 09-09-2019 9:23am

You planted something that's impinging on their property. And if you didn't have a problem with your neighbour, you wouldn't be trying to find reasons to avoid cutting it.

Kaskade · 09-09-2019 9:24am

Living Off The Splash wrote: »

I cut my hedge on my neighbours side of the garden. Once a year.

They don't cut their hedge in their neighbours garden on the opposite side.

They are completely unaware people. If they were nasty people I wouldn't cut it and I don't think I am legally obliged to do so.

Hit the nail on the head here. We would go out of our way if something we were doing impacted on somebody else in a negative way but it’s different story when they are nasty. We have spent years biting our tongue and putting up with all sorts including deliberate damage to our property by their children. They always trimmed back their side and it wasn’t an issue. but now they are sending rude texts demanding we trim their side and telling us that we must reduce the height.

PhilipJ · 09-09-2019 9:25am

SuperS54 wrote: »

Why?

extract from quote from the OP
How many times do I need to say that there are other issues. but for the 3rd time I’m NOT getting into details here.

Op not looking for criticism, just sound advise.

SuperS54 · 09-09-2019 9:32am

PhilipJ wrote: »

Op not looking for criticism, just sound advise.

You need to read the OP posts again. The OP is looking for legal advice, not sound advise (sic), which they have received plenty of.

Kaskade · 09-09-2019 9:40am

SuperS54 wrote: »

You need to read the OP posts again. The OP is looking for legal advice, not sound advise (sic), which they have received plenty of.

You’re right I’m not looking for sound advise. I know the decent thing to do but after years of doing the decent thing and biting my tongue I’m not going accept the way I’m now being spoken to. I just want to know what the law says in these situations as I don’t want to do anything that’s not legal

Living Off The Splash · 09-09-2019 9:46am

https://www.askaboutmoney.com/threads/neighbour-cut-my-hedge.175262/

Some similar comments here.

Kaskade · 09-09-2019 10:04am

Living Off The Splash wrote: »

https://www.askaboutmoney.com/threads/neighbour-cut-my-hedge.175262/

Some similar comments here.

Some interesting comments there. Thanks for posting the link.

I’m actually meeting my solicitor today so I’ll have a chat about it. I looked up the planning permission for both houses. Ours mentions nothing about a hedge but next door were supposed to plant a hedge within 12 months. I guess if we rip it out then its an issue for them more than us!!!!

sbsquarepants · 09-09-2019 10:18am

Dav010 wrote: »

I’d have to say, i disagree with most posters. I live next door to a family who have a row of Laylandiii trees along the boundary giving privacy to both of us. We share the cost of cutting every couple of years, I wouldn’t expect him to cut my side.

I'm a bit baffled by most people here's take on it to be honest. Unless the neighbour is elderly or incapacitated in some way there's no bloody way i'm going into their garden to trim bushes for them.

My neighbour has a giant willow tree, it's a lovely tree but it's enormous, i cut it back on my side regularly, it wouldn't even occur to me to ask them to do it. Actually at this time of year it dumps an incredible amount of leaves all over my garden - should the neighbour pick them up too!

m5ex9oqjawdg2i · 09-09-2019 11:09am

Lots of people on here haven't a clue.

Let the neighbor sort out the hedge. Them's the rules.

Kaskade · 09-09-2019 11:31am

Alex Great Typography wrote: »

Lots of people on here haven't a clue.

Let the neighbor sort out the hedge. Them's the rules.

I’m looking for evidence of the rules. So far I’m just getting personal experience and opinions.

Panjandrums · 09-09-2019 11:59am

Surely the hedge is for the benefit of both parties?
The neighbor who planted the tree cuts their side and the top.
The other neighbor just cuts their side.

ZX7R · 09-09-2019 12:04pm

SuperS54 wrote: »

Whole thing is a bit messed up if this statement is true. Let's say I'm elderly, disabled or not capable of doing the work for some reason and my neighbour plants a leylandii hedge. The hedge could grow and intrude several feet into my garden space but they are under no obligation to have my consent to plant it and under no obligation to trim it on my side?

Yes it's true.
The only exception would be one of those open garden estate things, where there is no wall or fence between you and your neighbor you would need planning then as you would be changing the layout of your boundaries

Markcheese · 09-09-2019 12:06pm

I ve no idea what sort of hedge it is.. Or how long, but if the neighbours don't cut it and leave it till it annoys them, they'll end up hacking it eventually, which could end up with a very ugly, open gappy hedge, or even kill it in places..

snowgal · 09-09-2019 12:26pm

Whether right or wrong ethically, the answer legally is no you dont.
Please see below taken from the Tree Council of Ireland site.

My neighbour’s tree is overhanging into my garden. Do I have the right to prune back the branches?
A landowner may cut off any tree branches which over-hangs his/her property without giving notice to the owner of the tree, but may not cut down the tree or enter on to the land of the tree owner without permission. In so doing, the landowner must take care not to render the tree dangerous and may only cut on the side of and up to his/her boundary line. It is unlawful to ring bark or otherwise injure trees in such a manner as to cause them to die or decay. All cuttings must be given back to the owner of the tree, or at least offered back. If the owner of the tree doesn’t want the cuttings, they must be disposed of in a responsible way and should not be left in the tree owner’s property without permission.

What can I do about roots encroaching from a tree growing in an adjoining property?
The rights to cut the roots of any tree which encroach from the land of a neighbour are similar to those governing the cutting of branches. Great care is needed to avoid rendering the tree unstable and liable to windblow. There is no legal right to poison encroaching roots. If the roots are damaged, and the tree injured then the person using toxic substances may be liable. If it is proven that the encroaching roots caused damage to a property, then an action may be brought against the owner. Neighbour has the right to abatement.

My neighbour’s tree/hedge is far too high – what can I do?
There are no height limits for either hedges or trees and there is no legislation currently available in Ireland to enforce a height restriction.

Kaskade · 09-09-2019 12:37pm

snowgal wrote: »

Whether right or wrong ethically, the answer legally is no you dont.
Please see below taken from the Tree Council of Ireland site.

I actually found this site before I posted but I felt it didn’t deal with my specific issue. I might give them a ring! Thank you.

riffmongous · 09-09-2019 2:31pm

Kaskade wrote: »

I actually found this site before I posted but I felt it didn’t deal with my specific issue. I might give them a ring! Thank you.

What a useless thread! You have my sympathies OP. Try the legal discussion forum instead, ask specifically for the legal situation, and report anyone who tries to moralise

pwurple · 09-09-2019 2:48pm

Kaskade wrote: »

I actually found this site before I posted but I felt it didn’t deal with my specific issue. I might give them a ring! Thank you.

It does deal with your specific issue.

Your neighbour is free to cut the branches on their side. End of story.

No expectation on you to do it for them whatsoever.

Graces7 · 09-09-2019 3:31pm

Kaskade wrote: »

Wow, I love all the judgements and assumptions trying to flip this round onto me! As I said earlier I’m not getting into the years of other issues.

I agree the neighborly thing to do is to cut their side when we cut ours. But these neighbors have been far from neighbourly, by their own doing. I am NOT getting into details, you will have to just take this at face value.

In my parents house two different neighbors planted a hedge on both sides of them. Not his hedge yet every second time it’s being done my dad pays because he wants to pay his share of maintaining the hedge. I agree with this approach and with reasonable and decent neighbours I imagine this is what usually happens.

I’m still not getting a clear picture of what Irish law says. I’m not asking what the nice thing is here but are you legally responsible for cutting the side of the hedge that had grown onto your neighbors side

Feeling for and with you OP. In such a situation I always asked advice from Citizens Info. If they don't know they will find out and no hassle or judgement

In one case, it had become part of a neighboiurhood feud between my landlord and a neighbour and w egot expert advice and support

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.

Dav010 · 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.

[Deleted User] · 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?

[Deleted User] · 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"

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

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