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Neighbours Tree's

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  • 03-07-2007 9:59pm
    #1
    Closed Accounts Posts: 911 ✭✭✭


    Hi,
    I was going to post this in the legal form but i was unable to.

    I'm looking for some advice here please. As the title suggest my neighbour has tree's in her garden along the side the wall between the my house and her house. The tree's are at least 20ft or more in hight and are blocking all the sun light into my house, which is now becoming more and more frustrating. I did a couple of years ago cut here trees that where growing into my side of the garden and threw them back into her garden as the law says i am aloud and entitled to. She saw this and came out with a camera and started taking photo's etc, then she threw the tree's back into my garden. I walked up to her and tried to talk to her, but she would not listen, so i put the tree's back over the wall. I was inside and about twenty minutes later a knock on the door, there was a male/female gardi standing at my door, i invited them and they agreed with me and informed i was within my rights as i knew because i checked before, this really annoyed me cause it was wasting there time and mine.

    I have tried talking to her and been resonable with her, she just wont listen so there is no point in talking to her or asking her. I have decided that i am going to ask her to cut the tree's as the last time she threw a fit. I am basically looking for advice on what i can legally do here or if anyone has ever been in the same situation here? The roots are in my garden now and i am so tempted to throw some Diesel down to kill the lot, now that really would get up her nose, but i really dont want to.

    Anyone know what the law is in regards to height on tree's etc?

    I would be really grateful for any help anyone can provide herre?


Comments

  • Closed Accounts Posts: 1,999 ✭✭✭solas


    I have no idea what if any height restrictions there and the only info I could find is UK material. Maybe your local citizens advice centre might be able to help.


  • Registered Users Posts: 898 ✭✭✭bauderline


    Take a chainsaw to it whilst she is out and chop it off flush with the top of the fence, dispose of the resulting evidence discretely.

    As far as I am aware this is not a criminal action so the worst she can do is try to take a civil action, even if she won I doubt the tree would be worth more than a few hundred euro... well worth it if its really annoying you.

    If you know a solicitor have a chat with them about a "what if" scenario first....

    I would imagine this will lead to a fair amount of ill feeling for years to come and may well cause other issues.... so its a last resort....

    baud.


  • Registered Users Posts: 4,791 ✭✭✭prospect


    I had a friend in a similar situation last year. However, he spoke with the neighbour prior to taking ANY action.
    The neighbour agreed, but my friend payed half the cost of having the trees cut back and disposing the waste.


  • Registered Users Posts: 578 ✭✭✭Builderwoman!


    It sounds as though you may well have to come to some agreement with her regarding the trees as they appear to be sowed on her side of the wall. I enquired about the ownership of the ditch between us and neighbours (they are very precious about it!) and this is what I was told by my Solicitor:
    "As a general rule adjoining owners own to the centre of the ditch or
    boundary and in legal terms are referred to as "party and party".
    This means you can utilise to the centre of the ditch not more."

    You should check the map of your house and the history of the site and then take legal advice before proceeding with anything drastic. I am sure though you do have some rights to sunlight.


  • Registered Users Posts: 14,990 ✭✭✭✭loyatemu


    dig a large hole on your side of the fence and start attacking the roots of the trees (can you poison trees?)...


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  • Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 7,687 Mod ✭✭✭✭delly


    Sorry Little-Devil, but your looking for straight up legal advice which isn't allowed here as well as the legal forum. If your dealing with the type of person that will call the Gardai, then who knows what position your putting boards.ie in by looking for advice etc here.

    Thread locked.


This discussion has been closed.
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