Can I cut these branches?

yoman

Folks, This is the view out my kitchen window! Its only a new place and the builders said they would require a court order to cut the tree because of Neighbours complaining; now due to the fact that this is obstructing my light, view and has the potiential to cause damage to my property, do I have the right to go out there with a saw and cut the branches that are covering my window?

Bear in mind this is winter, what will it look like when leaves start to grow :mad:

Thoughts welcome!

loyatemu

is the tree on a neighbour's property or on public land?

BaZmO*

Have you spoken to your neighbours?

yoman

Its an apartment block and its beside it, so technically its part of the estate and the area around it (grass, flowbeds) are maintained by the management company

yoman

BaZmO* wrote:

Have you spoken to your neighbours?

Nope, they are not even in our estate they are in an ajoining estate that was built recently so its not as if they have been living there long enough to enjoy the tree!

Kinetic^

yoman wrote:

Nope, they are not even in our estate they are in an ajoining estate that was built recently so its not as if they have been living there long enough to enjoy the tree!

You could cut them but you'll probably get a smacked bottom from the local council - happened to my dad before, couldn't sit down for days

CJhaughey

Is the window south facing? If so you may be glad of the shade provided by the leaves in the summer, I would think that it would provide a nice degree of privacy.
In the summer when the leaves are in you will be getting plenty of light anyway so you probably won't even notice.
Hard to tell from your picture but how far away are the branches from your window?

Sleipnir

If the tree is on private property and the branches are over-hanging private property, then the council have nothing to do with it. If it was a private tree over-hanging a public footpath, then that's a different story.

You are legally entitled to cut down any branches of a tree which overhangs your property. You are actually also legally entitled to throw the cut branches back over the wall!

yoman

CJhaughey wrote:

Is the window south facing? If so you may be glad of the shade provided by the leaves in the summer, I would think that it would provide a nice degree of privacy.
In the summer when the leaves are in you will be getting plenty of light anyway so you probably won't even notice.
Hard to tell from your picture but how far away are the branches from your window?

Yes as a matter of fact it is south facing, the branches are close enough that I can put my hand out the window and grab them:eek: . Don't really need the privacy as the apartment is on the top floor so its over the roof tops of any surrounding semi-d's. I would like that light coming in to the kitchen though and I recon when leaves start to go on it it could be really dark! Also what if a storm brews up next winter and the tree smacks against the window, I bet I would have to pay to replace it!!!!

yoman

Sleipnir wrote:

If the tree is on private property and the branches are over-hanging private property, then the council have nothing to do with it. If it was a private tree over-hanging a public footpath, then that's a different story.

You are legally entitled to cut down any branches of a tree which overhangs your property. You are actually also legally entitled to throw the cut branches back over the wall!

The tree was origionally part of a hedge in to a field (which is now a housing estate like most fields around dublin) So if anyone owns it its the builders who bought the land to build.

Sleipnir

yoman wrote:

The tree was origionally part of a hedge in to a field (which is now a housing estate like most fields around dublin) So if anyone owns it its the builders who bought the land to build.

Well if anyone wouldn't care what you did with the branches, it's builders.
It's private land so the above still applies.

CJhaughey

I would wait until after summer then see what you think.
You may find that in time you come to like the tree.
Up to now it is speculation on your part about possible damage/light problems.
If you find that you like the tree and have already cut the branches it will take a long time to grow more, if you find that they need cutting in year or so , 5 minutes with a hand saw should see you right.

yoman

Sleipnir wrote:

Well if anyone wouldn't care what you did with the branches, it's builders.
It's private land so the above still applies.

Thanks Sleipnir!! So I have a legal right to cut them if they overhang my property, thats great.

CJhaughey: Thanks for your advice, its appreciated. I might just leave it and see, all I wanted to know was my rights if it happens that I have no light in my kitchen.

John2002

AFAIK the legal standing on a situation like this is that you are entitled to cut back anything the protrudes onto your property but you are also required to give anything you cut back to the neighbour.

Alun

Do you know what kind of tree it is? Depending on the species you might not actually lose a lot of light. It depends on the size of the leaves, how dense they are and how translucent they are. I'd say wait and see what it's like this summer, and make up your mind then. Even then, if the branches are very close to your property and might possibly, say, damage your windows during a strong storm, you could just trim the tree a little rather than just hack all the branches off that overhang your property and turn it into some weird lopsided monster of a tree. Just my (tree loving!) €0.02 worth

dools

Can the Management Company advise?

MorningStar

I would think that it has to be the managment company that cuts it down. AS such OP doesn't own the land the tree is over hanging. He is leasing it. I would also think that your property insurance doesn't cover you cutting branches down on communal property.
THe property owner has the right to cut down get cut down the branches hanging over their land. You aren't the landowner you are effectively a tenant with a leases especially on communal property

magpie

I'd rather look at a tree than the bleak-looking selection of red brick buildings and cars that seem to be behind it.

Oriel

I personally would like to have the branches there, but just not so close...

Sleipnir

MorningStar wrote:

I would think that it has to be the managment company that cuts it down. AS such OP doesn't own the land the tree is over hanging. He is leasing it. I would also think that your property insurance doesn't cover you cutting branches down on communal property.
THe property owner has the right to cut down get cut down the branches hanging over their land. You aren't the landowner you are effectively a tenant with a leases especially on communal property

Don't think so MorningStar.

As far as I can tell, the OP own the house/land beside the development, but is not on it.

The owner of the land upon which the tree grows is responsible for it (including any damage it may cause), however, the OP is still entitled to cut down any branches which overhang his land.

MorningStar

Sleipnir wrote:

Don't think so MorningStar.

As far as I can tell, the OP own the house/land beside the development, but is not on it.

The owner of the land upon which the tree grows is responsible for it (including any damage it may cause), however, the OP is still entitled to cut down any branches which overhang his land.

I think you missunderstood. As a person owning an appartment he is not the landowner (he is leasing) therefore may not have the legal right a landowner has. For insurance purposeses he may not be allowed by the management company to cut them. The management company probably have to do it is all I am saying.

Maybe I miss understand the OP but I got the impression he is in an appartment.

FranknFurter

Whether the tree is on their land *or* other land, in a case where it so obviously is a danger (strong winds etc), you are entitled to "prune it for safety reasons".
For your own sake tho, make sure you do it properly so it wont kill the tree, if it does, your case is weakened because then they can claim hostility over *your* claim of health & safety.

b

yoman

MorningStar wrote:

I think you missunderstood. As a person owning an appartment he is not the landowner (he is leasing) therefore may not have the legal right a landowner has. For insurance purposeses he may not be allowed by the management company to cut them. The management company probably have to do it is all I am saying.

Maybe I miss understand the OP but I got the impression he is in an appartment.

MorningStar yes I am in an apartment, bought a top floor apartment and this tree is right outside our window(if the apartment was on any of the lower floors this wouldn't be a problem). So you recon the management company has to cut this? Whats my stance if they deside not to cut it? In fairness these branches are a danger and are blocking light :mad:

magpie

bought a top floor apartment and this tree is right outside our window

So did this tree spring up overnight Jack and the Beanstalk style? Or was it there when you decided to buy the apartment? You should maybe request that some of the buildings blocking your view be levelled while you're at it?

charlesanto

If the offending branches were to be removed without any proof as to who removed them (or got them removed) the problem is gone !

Sleipnir

MorningStar wrote:

I think you missunderstood. As a person owning an appartment he is not the landowner (he is leasing) therefore may not have the legal right a landowner has. For insurance purposeses he may not be allowed by the management company to cut them. The management company probably have to do it is all I am saying.

Maybe I miss understand the OP but I got the impression he is in an appartment.

ah ha. You were right too.

You would have to speak to the managment company so.

MorningStar

yoman wrote:

MorningStar yes I am in an apartment, bought a top floor apartment and this tree is right outside our window(if the apartment was on any of the lower floors this wouldn't be a problem). So you recon the management company has to cut this? Whats my stance if they deside not to cut it? In fairness these branches are a danger and are blocking light :mad:

The management company work for you, you tell them to do it. If the refuse just get the majority of your neighbours to agree with you then they don't have a choice. They should just do it

I think everybody is over emphasing the dangers, trees rarely suddenly fall down in high winds or branches of any size suddenly break off. Not saying there is no danger just it is normally not that likely.

Does the tree have a little silver disc on it? I would guess it does and that means it is protected. Only pros are allowed do them AFAIK

Victor

What if the tree is protected? The council might have something to say if you or anyone else touches it.

Why is the tree so near the building. Generally a building should be kept 1.5 times the spread / height of the tree away from the tree.

corkdave

Was going to start a new thread on this topic but saw that it was mentioned in this old thread that was there waiting to be revived.Some garden walls in our estate have briars and branches hanging out over the footpaths. At one point, on a blind bend on a busy road, you have to step off the path to get past. The house owner is not approachable. What is the worst thing that could happen to somebody who goes out with a lopper, and just cut it down (and disposed of it)?By the way, the estate has not yet been taken over by the council (28 years on). Does this make any difference?