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Neighbours tree hanging over my property

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    #32
    biko
    Registered Users Posts: 81,220 ✭✭✭✭biko


    Actually, if I understand it correctly, you can cut overhang back to the property line and then return the branches to the owners for disposal (hey, it's his tree...). This could apply to leaves too.

    Before you go down this route speak to them first. You don't want to be starting the relationship by pissing everyone off.


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    #33
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    I keep wondering re the neighbour,, if it is a little old lady who could be intimidated, or a large man with three huge dogs....

    The OP has never met any of the neighbours...

    NB You cannot touch the tree without the owner's permission surely.


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    #34
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    Graces7 wrote: »
    I keep wondering re the neighbour,, if it is a little old lady who could be intimidated, or a large man with three huge dogs....

    The OP has never met any of the neighbours...

    NB You cannot touch the tree without the owner's permission surely.

    If its over his property, then yes he can. We have had similar issues with large trees overgrowing land and blocking access.


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    #35
    Andy-Pandy
    Registered Users Posts: 1,848 ✭✭✭Andy-Pandy


    You can cut back any branches/roots on your property, but if the tree is harmed/killed due to this cutting back (even over your property) you can be done with criminal damage. In fairness op you dont have a leg to stand on here, if you don't get the cooperation of your neighbour you are stuck with the tree. You should have seen it before you moved in and asked about it then.


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    #36
    Lantus
    Registered Users Posts: 3,027 ✭✭✭Lantus


    MajorMax wrote: »
    Remember, while you do have the legal right to cut any branches that overhang your Property the branches remain the property of your neighbour and you must deliver them to him after the cutting.

    You can't cut the branches over the access lane

    good point, this alone ashould make a huge difference. It will also make their side of the tree heavier and more likley to fall over on their house (don't tell them this though.)


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    #37
    Andy-Pandy
    Registered Users Posts: 1,848 ✭✭✭Andy-Pandy


    Lantus wrote: »
    good point, this alone ashould make a huge difference. It will also make their side of the tree heavier and more likley to fall over on their house (don't tell them this though.)

    If the tree is damaged due to you cutting branches on your side and the tree falls over (very unlikely) due to this, you are liable for the damage to the tree that has been caused by your removal of any branches. You can not cause harm to the tree that will result in the tree having to be removed, you will be liable for the costs of safely removing what is left of the tree and the cost of any damages that occurs.


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    #38
    professore
    Closed Accounts Posts: 5,857 ✭✭✭professore


    Andy-Pandy wrote: »
    If the tree is damaged due to you cutting branches on your side and the tree falls over (very unlikely) due to this, you are liable for the damage to the tree that has been caused by your removal of any branches. You can not cause harm to the tree that will result in the tree having to be removed, you will be liable for the costs of safely removing what is left of the tree and the cost of any damages that occurs.

    I just love how logical the law is - and I'm not being ironic here. Fantastic.


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