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08-09-2019, 21:57   #16
votecounts
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Why are you worried about the legality?
You planted it, you wanted it, you cut it and you say your neighbour is awkward
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08-09-2019, 21:58   #17
Cork_exile
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Quote:
Originally Posted by elperello View Post
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
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08-09-2019, 23:04   #18
Kaskade
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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?
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08-09-2019, 23:08   #19
Kaskade
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Do you happen to have any reference to the law that states I don’t legally have to do this?

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Originally Posted by Wabbit Ears View Post
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.
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09-09-2019, 06:02   #20
SuperS54
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Originally Posted by ZX7R View Post
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?
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09-09-2019, 06:04   #21
SuperS54
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Quote:
Originally Posted by Kaskade View Post
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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09-09-2019, 06:09   #22
Wanderer78
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Quote:
Originally Posted by Kaskade
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
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09-09-2019, 07:13   #23
pwurple
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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?
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09-09-2019, 07:20   #24
vicwatson
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Quote:
Originally Posted by elperello View Post
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?
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09-09-2019, 07:36   #25
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You sound like a charmer of a neighbour to have. You planted it, you cut it end of
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09-09-2019, 07:47   #26
Kaskade
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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
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09-09-2019, 08:24   #27
SuperS54
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Quote:
Originally Posted by Kaskade View Post
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.
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09-09-2019, 09:01   #28
Kaskade
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Originally Posted by SuperS54 View Post
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.
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09-09-2019, 09:05   #29
GrumPy
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Quote:
Originally Posted by Kaskade View Post
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.
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09-09-2019, 09:09   #30
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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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