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Neighbours tree root going underground to my property.

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  • 28-06-2015 10:58pm
    #1
    BRYAN Is Ainm Dom
    Registered Users Posts: 415 ✭✭


    Hi folks, could somebody advise on an issue I am having with a neighbours tree.

    The roots of the tree has spread to my garden.

    I never realised how big the root was until I started digging last week near my fence where the root is and the root is massive (sorry not sure how to post a picture of it).

    I approached my neighbor on it and to cut a long story short he said he is not going to do anything about in case it damages his tree and told me I can't go near it as its his property. He told me I am worrying about nothing which defintely isn't the case.


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    #2
    Calahonda52
    Registered Users Posts: 12,414 ✭✭✭✭Calahonda52


    http://www.irishstatutebook.ie/2009/en/act/pub/0027/sec0043.html#sec43

    Plus, any growth that crosses your boundary can be cut and the material tossed over his wall for removal by him

    “I can’t pay my staff or mortgage with instagram likes”.



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    #3
    BRYAN Is Ainm Dom
    Registered Users Posts: 415 ✭✭BRYAN Is Ainm Dom


    Calahonda52 wrote: »
    http://www.irishstatutebook.ie/2009/en/act/pub/0027/sec0043.html#sec43

    Plus, any growth that crosses your boundary can be cut and the material tossed over his wall for removal by him


    I would be worried if I cut it I could damage the tree and it fall as the tree is very high, too big for somebodys garden IMO.


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    #4
    Marhay70
    Registered Users Posts: 1,915 ✭✭✭Marhay70


    BRYAN Is Ainm Dom wrote: »
    I would be worried if I cut it I could damage the tree and it fall as the tree is very high, too big for somebodys garden IMO.

    Go and see a solicitor if you are worried. Tree roots can certainly damage house foundations, utility services etc., poplars are particularly notorious. You are right to be worried about cutting the roots as they are the tree's stabilisers and you may be compounding the issue.
    Obviously your neighbour is an unreasonable individual and is not going to listen to you so it might be as well to have the situation officially outlined to him.
    It won't do a lot for neighbourly relations but better that than living in fear of your home being demolished. Unfortunately, as I've found to my cost, proving liability against a neighbour in a situation where property is damaged by a "natural occurence", is not clear cut, but for you to have given prior warning of potential damage will strengthen your case considerably and may be the incentive for him to remove the tree.


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