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09-09-2019, 12:06   #46
Markcheese
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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..
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09-09-2019, 12:26   #47
snowgal
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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.
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09-09-2019, 12:37   #48
Kaskade
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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.
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09-09-2019, 14:31   #49
riffmongous
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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
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09-09-2019, 14:48   #50
pwurple
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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.
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09-09-2019, 15:31   #51
Graces7
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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
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09-09-2019, 15:40   #52
riclad
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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.
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09-09-2019, 16:07   #53
Kaskade
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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.
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09-09-2019, 16:14   #54
Fringegirl
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Quote:
Originally Posted by riclad View Post
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.
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09-09-2019, 16:14   #55
BarryD2
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Things are seldom what they seem on boards threads, that's for sure!
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09-09-2019, 17:04   #56
pwurple
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Originally Posted by Fringegirl View Post
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.
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09-09-2019, 17:19   #57
Fringegirl
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Originally Posted by pwurple View Post
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.
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10-09-2019, 08:33   #58
Dav010
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Quote:
Originally Posted by Kaskade View Post
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.
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10-09-2019, 09:31   #59
Cork_exile
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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.
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10-09-2019, 10:33   #60
Graham
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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?
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