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Neighbours branches

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  • 19-08-2012 10:26am
    #1
    Registered Users Posts: 531 ✭✭✭


    My Neighbours have numerous trees whos branches are growing over their fence onto a roadway that i use to travel on both to and from my home. Am i entitled to cut down the overhanging branches and throw them back over their fence onto their property or is there a certain way of dealing with this?

    Just out of interest, does it matter if its a public or private road if you want to carry out this work?
    Thanks


Comments

  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 49,529 CMod ✭✭✭✭magicbastarder


    have you not talked to your neighbours about it?
    the way you phrased what you plan on doing sounds slightly aggressive. just ask them for assistance in cutting the branches back.


  • Registered Users Posts: 531 ✭✭✭tiny timy


    have you not talked to your neighbours about it?
    the way you phrased what you plan on doing sounds slightly aggressive. just ask them for assistance in cutting the branches back.

    I have talked to them, they wouldnt exactly be the most helpful of folks. What sounds aggressive? Putting the off-cuts back into their garden?


  • Closed Accounts Posts: 88,978 ✭✭✭✭mike65


    Chop them and use the wood for fires.


  • Registered Users Posts: 531 ✭✭✭tiny timy


    mike65 wrote: »
    Chop them and use the wood for fires.

    Thanks for reply mike65,

    I just want to be clear though that they dont still legally own the branches even after cutting as the last thing i need is hassle. I'd even be happy just putting them back on their property to save hassle.


  • Registered Users Posts: 5,389 ✭✭✭mattjack


    tiny timy wrote: »
    My Neighbours have numerous trees whos branches are growing over their fence onto a roadway that i use to travel on both to and from my home. Am i entitled to cut down the overhanging branches and throw them back over their fence onto their property or is there a certain way of dealing with this?

    Just out of interest, does it matter if its a public or private road if you want to carry out this work?
    Thanks

    Are they causing a hazard to you walking or driving ?


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  • Registered Users Posts: 531 ✭✭✭tiny timy


    mattjack wrote: »
    Are they causing a hazard to you walking or driving ?

    Driving, the branches are clipping my vehicle everytime i drive


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 49,529 CMod ✭✭✭✭magicbastarder


    tiny timy wrote: »
    What sounds aggressive? Putting the off-cuts back into their garden?
    cutting them off and throwing them back over the fence, as it was originally phrased, sounds passive aggressive.
    rather than cutting them and collecting them up for easy disposal.


  • Registered Users Posts: 12,313 ✭✭✭✭Sam Kade


    tiny timy wrote: »
    Thanks for reply mike65,

    I just want to be clear though that they dont still legally own the branches even after cutting as the last thing i need is hassle. I'd even be happy just putting them back on their property to save hassle.
    Their boundary is the middle of the road which means the branches are still on their property. Don't cut the branches.


  • Closed Accounts Posts: 88,978 ✭✭✭✭mike65


    tiny timy wrote: »
    Thanks for reply mike65,

    I just want to be clear though that they dont still legally own the branches even after cutting as the last thing i need is hassle. I'd even be happy just putting them back on their property to save hassle.

    I was being slightly silly I admit, the problem with this sort of thing is getting a judgement to decide if the branches form a hazard be it to pedestrians or road traffic. You might think so (and correctly) but the owner may not and he'll no doubt get shirty about his property being vandalised. That bring us to the local authorities, who should be consulted if you think there is a genuine safety concern now or imminently.

    Under UK law making sure the owner of the land from where the overhand grows gets his tree bits back is required.


  • Registered Users Posts: 531 ✭✭✭tiny timy


    mike65 wrote: »
    I was being slightly silly I admit, the problem with this sort of thing is getting a judgement to decide if the branches form a hazard be it to pedestrians or road traffic. You might think so (and correctly) but the owner may not and he'll no doubt get shirty about his property being vandalised. That bring us to the local authorities, who should be consulted if you think there is a genuine safety concern now or imminently.

    Under UK law making sure the owner of the land from where the overhand grows gets his tree bits back is required.

    Grando, thanks again. the branches are clipping my car everytime i pass them. Think i will just contact the local authorities and let them deal with it. Thanks again


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  • Registered Users Posts: 8,104 ✭✭✭Oldtree


    if its a public roadway then its an issue between the authorities and the owner. You need to hassel the authority. You have no right to damage another persons property and would be sued should you do so.

    If its a situation where the branches overhang your property then you can prune then back to the boundry as they are a nuisance, returning the branches to the neighbour as they are his/her property, but it would be unwise to prune large branches that could lead to the demise of the tree as you would be then liable for damages.


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