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

  • 08-09-2019 6:48pm
    #1
    Registered Users Posts: 366 ✭✭Kaskade


    I have a very awkward Neighbour. They are demanding that we cut their side of the hedge

    We planted the hedge
    We cut our side and the top
    We have no issue with them cutting their side if they want to

    Question:
    Are we legally required to cut there side every time they demand us to


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Comments

  • Registered Users Posts: 4,628 ✭✭✭Aint Eazy Being Cheezy


    Legally? Probably not. But you wanted it, you planted it, so I would personally. Not on demand, just whenever you’re doing yours.


  • Registered Users Posts: 3,042 ✭✭✭Wabbit Ears


    No, You are under no obligation to cut hedges on their side.

    You are not legally required to cut their side every time they demand us to ever.

    Should you? yes, yes you should when ever you cut your own hedge, but you need to be clear this is at your discretion, not on demand.


  • Posts: 0 Ellison Calm File


    You wanted and planted it along the boundary I assume, instead of a foot or so back, so you could maintain your own hedge?

    Are you say that they are the awkward neighbour?


  • Registered Users Posts: 24,214 ✭✭✭✭lawred2


    Kaskade wrote: »
    I have a very awkward Neighbour. They are demanding that we cut their side of the hedge

    We planted the hedge
    We cut our side and the top
    We have no issue with them cutting their side if they want to

    Question:
    Are we legally required to cut there side every time they demand us to

    You're the awkward neighbor pal.. you want legal justification to not cut your own hedge!?


  • Registered Users Posts: 1,351 ✭✭✭Cloudio9


    If my neighbour expected me to cut their hedge I’d be using roundup to cut it back.


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  • Closed Accounts Posts: 332 ✭✭Tikki Wang Wang


    Cloudio9 wrote: »
    If my neighbour expected me to cut their hedge I’d be using roundup to cut it back.

    And what if they expected you to cut your hedge and you wouldn’t? Should they use roundup then?


  • Registered Users Posts: 1,178 ✭✭✭Stanford


    You are not legally required to enter their property and cut the hedge even if the spread arises from your own planted hedge, however they can cut it back and throw the cuttings in to your garden, be a good neighbour and offer to cut it back from time to time


  • Closed Accounts Posts: 999 ✭✭✭NewRed2


    Cloudio9 wrote: »
    If my neighbour expected me to cut their hedge I’d be using roundup to cut it back.


    Yeah but its not their hedge, it's the OP's hedge.


    Forget the legal aspects and cut the hedge.


    We have laurel trees here that sometimes grow over the fence into my neighbour's side so I cut the lot when it needs doing, it's just fair.

    They have apple trees that hang over our side at times and I trim them too.
    Why would you bother checking legalities, just trim them and move on.


  • Registered Users Posts: 601 ✭✭✭tvjunki


    You need their permission to go on their property to cut it and therefore you are under their house insurance if there is and accident. If you do decide to do it make sure you have an email or text from them saying it is ok and that you are covered under their insurance. They may change their mind.


  • Moderators, Category Moderators, Entertainment Moderators, Sports Moderators Posts: 22,584 CMod ✭✭✭✭Steve


    tvjunki wrote: »
    You need their permission to go on their property to cut it and therefore you are under their house insurance if there is and accident. If you do decide to do it make sure you have an email or text from them saying it is ok and that you are covered under their insurance. They may change their mind.

    And make sure you stay away from the childs swing unless it's supervised...


    OP, can you not just talk to the neighbor? in a neighborly fashion and work it out without having to resort to legal advice from the internet?


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  • Registered Users Posts: 13,863 ✭✭✭✭Dav010


    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. Also, the trees are reasonably high so if they are cut back on his side and not on mine, they fall on my side if they give way.

    Having said that, good fences make good neighbors. If you are cutting them yourself and it’s not too much trouble, be a good neighbour, it can make life easier.


  • Registered Users Posts: 8,184 ✭✭✭riclad


    If you plant a hedge you should be ready to cut it every few months .
    But you need to ask permission to go into their garden,
    its its not possible to cut it from your side of the boundary.
    I presume you asked them for permission to plant the hedge .


  • Registered Users Posts: 3,426 ✭✭✭ZX7R


    riclad wrote: »
    If you plant a hedge you should be ready to cut it every few months .
    But you need to ask permission to go into their garden,
    its its not possible to cut it from your side of the boundary.
    I presume you asked them for permission to plant the hedge .

    They would not require permission from there neighbor to plant the hedge


  • Registered Users Posts: 14,079 ✭✭✭✭elperello


    If a neighbours hedge is growing over the boundary into your property you are entitled to cut it back to the boundary line.
    You can then offer the cuttings to the neighbour but they are not obliged to take them.
    If you throw them over the boundary without their consent that is littering.


  • Registered Users Posts: 2,617 ✭✭✭votecounts


    Why are you worried about the legality?
    You planted it, you wanted it, you cut it and you say your neighbour is awkward:confused:


  • Posts: 0 Ellison Calm File


    elperello wrote: »
    If a neighbours hedge is growing over the boundary into your property you are entitled to cut it back to the boundary line.
    You can then offer the cuttings to the neighbour but they are not obliged to take them.
    If you throw them over the boundary without their consent that is littering.




    This is the bit I hate, it's their fvcking hedge


  • Registered Users Posts: 366 ✭✭Kaskade


    Let me clarify a few things here:

    I planted the hedge because I wanted privacy from The Neighbour. I’m not getting into details why.

    Before I planted the hedge I discussed it with them and planted it 1ft on my side of the wire fence.

    It’s now 13 years on the hedge is fully grown. We want the hedge high as we want privacy from their activities. Again not getting into detail. They also get a benefit from the hedge and the privacy.

    I’m not asking for opinions about who is being akward, anybody asking this doesn’t know the history and circumstances . I have abusive demanding text from them, being Neighbourly would be my preference but that is not an option in this case.

    My question is, am I legally required to cut the hedge on their side of the properly if they demand I do so, or if the hedge encroaches on their site?


  • Registered Users Posts: 366 ✭✭Kaskade


    Do you happen to have any reference to the law that states I don’t legally have to do this?
    No, You are under no obligation to cut hedges on their side.

    You are not legally required to cut their side every time they demand us to ever.

    Should you? yes, yes you should when ever you cut your own hedge, but you need to be clear this is at your discretion, not on demand.


  • Registered Users Posts: 1,197 ✭✭✭SuperS54


    ZX7R wrote: »
    They would not require permission from there neighbor to plant the hedge

    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?


  • Registered Users Posts: 1,197 ✭✭✭SuperS54


    Kaskade wrote: »
    Before I planted the hedge I discussed it with them and planted it 1ft on my side of the wire fence.

    If the agreement was that the hedge would be on your property then it would seem you have an obligation to contain it to within your property.

    If the fence is still there and now being consumed by the hedge you may have some liability to repair any damage to the fence.


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  • Registered Users Posts: 28,703 ✭✭✭✭Wanderer78


    Kaskade wrote:
    We planted the hedge We cut our side and the top We have no issue with them cutting their side if they want to


    Just cut the feckin thing, you planted it, and it might mend things with your neighbour


  • Closed Accounts Posts: 12,449 ✭✭✭✭pwurple


    No way do this.

    What’s next, you put up a boundary fence you go in and have to paint their side?

    You imply the relationship isn’t good, don’t go near their property... you could be accused of all sorts.

    Just out of interest, what kind of hedge is it?


  • Registered Users Posts: 28,403 ✭✭✭✭vicwatson


    elperello wrote: »
    If a neighbours hedge is growing over the boundary into your property you are entitled to cut it back to the boundary line.
    You can then offer the cuttings to the neighbour but they are not obliged to take them.
    If you throw them over the boundary without their consent that is littering.

    Is this not just hearsay? I thought this was a law in GB but didn’t realise it was a law here?


  • Registered Users Posts: 617 ✭✭✭Drifter50


    You sound like a charmer of a neighbour to have. You planted it, you cut it end of


  • Registered Users Posts: 366 ✭✭Kaskade


    Drifter50 wrote: »
    You sound like a charmer of a neighbour to have. You planted it, you cut it end of

    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


  • Registered Users Posts: 1,197 ✭✭✭SuperS54


    Kaskade wrote: »
    I agree the neighborly thing to do is to cut their side when we cut ours.

    By your own admission you are not being neighbourly as you do not want to cut the side of your hedge facing their garden.


  • Registered Users Posts: 366 ✭✭Kaskade


    SuperS54 wrote: »
    By your own admission you are not being neighbourly as you do not want to cut the side of your hedge facing their garden.

    How many times do I need to say that there are other issues. 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.

    I know what the neighborly thing to do is for both parties. My question remains the same. Am I legally required to cut their side? I know they are allowed to trim it back and I’m fine with that. They have done this in the past. but can they force me the cut it.


  • Registered Users Posts: 6,557 ✭✭✭GrumPy


    Kaskade wrote: »
    My question remains the same. Am I legally required to cut their side?

    It's your hedge mate. E.g. Your property. Be sound and cut the hedge, it's *yours* afterall.


  • Registered Users Posts: 4,714 ✭✭✭Xterminator


    Hi OP

    i think you have made it crystal clear there are other issues going on. but for a minute step back out your box, and put aside your bad blood.

    you planted a hedge in your own garden for privacy and it does provide you with that. It is now encroaching on your neighbours property. now that not a good thing. you acknowledge this. Whatever the other issues you, in this one, you have a moral obligation.

    If you won't cut it, he will have to take some action and some of those actions might upset you, eg roundup etc.

    But you don't need to go there. If i was you i would be magnanimous and cut the fecking hedge, continue to enjoy the benefits of it, and at the same time take the moral high ground. It is in your own interest.

    Never mind the history, consider this action on its own merits. No judgement offered.


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  • Registered Users Posts: 84 ✭✭PhilipJ


    SuperS54 wrote: »
    By your own admission you are not being neighbourly as you do not want to cut the side of your hedge facing their garden.
    @supers54, you really need to read the OP posts again. OP, perhaps look into contacting a solicitor to get sound advise. Explaining your case in detail, it may be the best €80 you spend in this instance.


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