Can I cut back neighbours bush?

westcoast66

Looking for some advice here and I am not sure if I am in the right forum? As I exit my driveway, my neighbours bush is jutting out onto the road and blocking my view of oncoming traffic. I have asked him to cut it back but he has done nothing. Am I within my rights to clip it back myself?

endacl

I'd go the middle route first, and ask if he doesn't mind you doing it.

Water John

Unless it is protruding onto your property, no, I would think.

BorneTobyWilde

Cut it when no one there. Deny you did it . In fact next time you see him make sure you get first word in, these are the words > '' thanks for cutting bush, really appreciate that''
that will confuse him.

Marhay70

If the bush is blocking line of sight you may have a case to present to your local authority. Worth a try as they will either cut it or tell him to cut it.
It's still best to approach him again and explain your difficulty in getting out your gate, he may just have forgotten or not had time. You still have to live beside him.

Sgt Pepper 64

Burn down his house

Adventagious

Well that escalated quickly.jpg

Water John

Want to be careful with the title of the thread and it's not taken as a porn site.

wally79

Water John wrote: »

Want to be careful with the title of the thread and it's not taken as a porn site.

Disappointed?

Calahonda52

Marhay70 wrote: »

If the bush is blocking line of sight you may have a case to present to your local authority. Worth a try as they will either cut it or tell him to cut it.
It's still best to approach him again and explain your difficulty in getting out your gate, he may just have forgotten or not had time. You still have to live beside him.

Its an issue for the LA, in one case I know they didn't cut it but told the offended party to drive out and not reverse out: it seems there is some old law about that.

If he refuses to cut it and the LA don't help I would remind him, in writing that you will hold him liable in the case of an accident due to him not keeping his bush trimmed:D

Hoof Hearted2

Oh err, missus, trim away;):pac:

Oldtree

westcoast66 wrote: »

Looking for some advice here and I am not sure if I am in the right forum? As I exit my driveway, my neighbours bush is jutting out onto the road and blocking my view of oncoming traffic. I have asked him to cut it back but he has done nothing. Am I within my rights to clip it back myself?

It is difficult to advise fully without a photo, to see exactly what you want removed.

You cannot prune your neighbour's property without his/her consent. Be a good neighbour, explain the difficulty again and ask nicely if you can do the job. It may be worth getting the permission to prune in writing so have a prepared "to whom it may concern" note for them to sign, to avoid any issues down the line.

The roads authority, usually the council, would be your next port of call, see the following:

http://www.irishstatutebook.ie/eli/1993/act/14/section/70/enacted/en/html

If no joy there, then as your neighbour is responsible for their shrubs/trees, they would be culpable should a negligence issue arise. Take photos of the situation and get a solicitors letter sent requesting the work to be done, as proof of your efforts, to mitigate any negligence claimed against you.

Can you install a mirror across the road, to avoid you and your visitors getting hurt in the mean time??

Fattes

Regardless of where the bush grows or is located if the branches extend over their property boundary you have two options.
1- Bushes extend over their boundary, onto public managed foothpath or road, contact local council and ask for it to be trimmed, highlight road safety concerns.

2- Do it yourself, if the bush is blocking vision on public land there is no issue, however expect frosty relation ship with neighbor as a result.

Oldtree

Fattes wrote: »

2- Do it yourself, if the bush is blocking vision on public land there is no issue,

If he/she felt like it, they could sue you for damages. not your bush not your roadway.....

Fattes

Oldtree wrote: »

If he/she felt like it, they could sue you for damages. not your bush not your roadway.....

Good luck to them trying, bush is not on their property, it is creating a public danger, much like a neighbors bush growing into your back garden, you can cut it back to the boundary without permission or consent from the owner.

The owner of the bush has no legal right to block or grow his property on public property or property that is not their own. As long as the work carried out is done properly and does not damage the rest of the hedge, they would have a hard time winning a successful claim.

Oldtree

Fattes wrote: »

Good luck to them trying, bush is not on their property, it is creating a public danger, much like a neighbors bush growing into your back garden, you can cut it back to the boundary without permission or consent from the owner.

The owner of the bush has no legal right to block or grow his property on public property or property that is not their own. As long as the work carried out is done properly and does not damage the rest of the hedge, they would have a hard time winning a successful claim.

You can cut back a tree/shrub overhanging your property, back to the boundery line, providing it does not lead to the demise of said plant.

You cannot damage anyone else's property overhanging a public roadway, the bush in this case, without permission from the owner. Also worth noting that the public roadway is not your property.

Wakey wakey, you cannot just do as you will.

Fattes

Oldtree wrote: »

You can cut back a tree/shrub overhanging your property, back to the boundery line, providing it does not lead to the demise of said plant.

You cannot damage anyone else's property overhanging a public roadway, the bush in this case, without permission from the owner. Also worth noting that the public roadway is not your property.

Wakey wakey, you cannot just do as you will.

Wakey Wakey, what I said was the chances of the owner of a plant winning a successful claim for damages was almost non existent. There is a myriad of complex factors involved.

Also you have an obligation to not block public access, you have an obligation to not obstruct your neighbors property. But you know as long as your bush looks good it can grow anywhere you like.

Oldtree

Fattes wrote: »

2- Do it yourself, if the bush is blocking vision on public land there is no issue,

There is an issue

Fattes wrote: »

Good luck to them trying, bush is not on their property, it is creating a public danger, much like a neighbors bush growing into your back garden, you can cut it back to the boundary without permission or consent from the owner.

not at all like!

Fattes wrote: »

As long as the work carried out is done properly and does not damage the rest of the hedge, they would have a hard time winning a successful claim.

Fattes wrote: »

Wakey Wakey, what I said was the chances of the owner of a plant winning a successful claim for damages was almost non existent. There is a myriad of complex factors involved.

You appear confused about what you said in its totality. You were saying I could cut my neigbour's bush, overhanging the public roadway as long as I carried out the work properly, which is not the case.

Fattes wrote: »

Also you have an obligation to not block public access, you have an obligation to not obstruct your neighbors property.

I would agree with that, very un-neighbourly.

Fattes wrote: »

But you know as long as your bush looks good it can grow anywhere you like.

not sure what you mean?

Sgt Pepper 64

ok so its an english web site but.....

http://www.letsgogardening.co.uk/garden_law.htm

Hedges
Generally a hedge that separates two gardens will grow along the boundary of both properties and so it is the responsibility of both neighbours to keep it trimmed.
However, if a hedge belongs to one neighbour and is growing into next door's garden the next door neighbour is entitled to invite the owner to come round and give it a trim.
If a hedge is encroaching on a neighbour's garden, the neighbour is entitled to trim the hedge themselves, but must return the trimmings to the owner, unless otherwise agreed.
If a neighbour refuses to allow access to their garden it is possible to apply for access under the Access to Neighbouring Land Act 1992 and apply for a court order which will give access for the given work.

Oldtree

A lot of Irish law is based on English common law.

The Tree Council here give the following advice:

My neighbour’s tree is overhanging into my garden. Do I have the right to prune back the branches?

A landowner may cut off any tree branches which over-hangs his/her property without giving notice to the owner of the tree, but may not cut down the tree or enter on to the land of the tree owner without permission. In so doing, the landowner must take care not to render the tree dangerous and may only cut on the side of and up to his/her boundary line. It is unlawful to ring bark or otherwise injure trees in such a manner as to cause them to die or decay. All cuttings must be given back to the owner of the tree, or at least offered back. If the owner of the tree doesn’t want the cuttings, they must be disposed of in a responsible way and should not be left in the tree owner’s property without permission

http://treecouncil.ie/tree-advice/trees-law/

The same could be said of a shrub or a bush.

It does not suggest in any way that you can cut your neighbours bush/tree encroaching onto a public roadway, just a tree/bush encroaching onto your own property.

A case in point where a neighbour did not seek permission and carried work out on a neighbours trees, ended badly for the neighbour who carried out the unauthorised works:

http://www.irishtimes.com/news/crime-and-law/courts/circuit-court/man-to-pay-neighbour-50-000-for-cutting-down-his-trees-1.2626373

Fattes

Oldtree wrote: »

A lot of Irish law is based on English common law.

The Tree Council here give the following advice:


http://treecouncil.ie/tree-advice/trees-law/

The same could be said of a shrub or a bush.

It does not suggest in any way that you can cut your neighbours bush/tree encroaching onto a public roadway, just a tree/bush encroaching onto your own property.

A case in point where a neighbour did not seek permission and carried work out on a neighbours trees, ended badly for the neighbour who carried out the unauthorised works:

http://www.irishtimes.com/news/crime-and-law/courts/circuit-court/man-to-pay-neighbour-50-000-for-cutting-down-his-trees-1.2626373

Terrible example in the Irish times link, he trespassed onto another property and fully removed trees.

In reality if the complainant here in the case raised by the OP, has gone through all reasonable steps, contact neighbor, contact Local Authority, and the local authority, cant act or wont act, if he removes the overgrowth on public property, properly without encroaching on the owners property or damaging the tree, there is very little recourse for their neighbor other than frosty relations going forward, which are not pleasant either.

Oldtree

Fattes wrote: »

Terrible example in the Irish times link, he trespassed onto another property and fully removed trees.

The case is very little to do with trespass if you read the article properly.

Fattes wrote: »

In reality if the complainant here in the case raised by the OP, has gone through all reasonable steps, contact neighbor, contact Local Authority, and the local authority, cant act or wont act, if he removes the overgrowth on public property, properly without encroaching on the owners property or damaging the tree, there is very little recourse for their neighbor other than frosty relations going forward, which are not pleasant either.

After the OP contacts the LA and should the LA not act then the OP's only recourse is to take the issue to the solicitor and thence the courts, not to take the law into the OP's own hands. You are giving bad advices, as 2 wrongs do not make a right.

Fattes

I am not giving advice I am foreseeing circumstances, based on current guidelines and existing legal precedents. Again the article has no relation to the OP issue. They want to trim the hedge, not remove a row of 7,50 year old trees and strongly trim 4 others on property belonging to the tree owners. Which subsequently effected he sale of the property they trespassed on.

In the OP case, the overhang is on Public land, there is no Trespass, and he is cutting a tree on Public property, what part of that do you view as illegal? Bearing in mind the existing examples that it i permitted to cut overhanging trees to a boundry without damaging the original. You raised the prospect of "suing" without a single sustainable illustration of why or under what body of law that action could be taken?

Oldtree

Fattes wrote: »

2- Do it yourself, if the bush is blocking vision on public land there is no issue,

Fattes wrote: »

I am not giving advice

You are giving the OP advice as that is what the OP asked for.

It is worth noting that even the LA must follow a rigerous legal process to prune/damage trees and shrubs from the public domain, giving notice to the owner, etc:

http://www.irishstatutebook.ie/eli/1993/act/14/section/70/enacted/en/html

The example of pruning overhanging neighbouring trees causing a nuisance from within my own boundary is set down within the law, but there is nothing set down in law that allows the same to be done from the public domain by a member of the public.

The bush/tree does not belong to the public due to the mere fact that it overhangs the public domain.

Pruning a privately owned tree/bush from the public domain would constitute a damage to private property, the size of item that is damaged does not matter, the amount of damage does not matter, nor does the rationale behind the reason for carrying out the damage, damage is damage.

philstar

when she's fast asleep you could cut it, i'm sure she won't notice

Water John

Philstar, a Brazillian.

sondagefaux

Don't county councils regularly send tree and bush cutting crews along public roads to trim back any growth that might cause problems for road users?

Do they need to notify each bush/tree owner in advance and get their specific permission or does the law allow them to just fire ahead?

Oldtree

sondagefaux wrote: »

Don't county councils regularly send tree and bush cutting crews along public roads to trim back any growth that might cause problems for road users?

Do they need to notify each bush/tree owner in advance and get their specific permission or does the law allow them to just fire ahead?

You raise a very good point. (please bare with me ) I have spoken to a council engineer about this particular point in the past.

For example: when a planning permission is granted for (say) an industrial planing application in a rural setting, the council (when it has already taken a roadway in charge) may widen the road, if needed, to the field walls adjoining the road without anyones consent, as the verge is considered part of the roadway.

This does not apply to frontage or setbacks in front of rural houses (see any rural house planning application) and if this setback is required, it is stated as "for additional parking" for the house. Should the council wish to widen the roadway onto this setback they need the owners permission, unless compulsory purchase comes into play. Setback is also a pertinent point in planning applications to do with required sightlines.

So the council in effect owns the roadway area and can prune hedges etc back to the field walls, boundary, without the field owners consent. This would be despite rural folios showing the boundary of land owned (marked on maps with a red line) extending to the middle of the roadway.

Where the telephone company, or ESB, wishes to trim the tops of hedging alongside the road, to prevent growth abrading the wires, they must get each field owners consent.

In an urban environment it is slightly different, in that there may be a path adjacent to the roadway. This is also is taken in charge by the LA and therefore it can trim hedging back to the boundary wall without consent, if it has not been trimmed by the owner.

So the OP still has only 2 options, get agreement from the neighbour, or pursue a complaint with the LA.

sondagefaux

Or buy a flamethrower. :P

Oldtree

sondagefaux wrote: »

Or buy a flamethrower. :P

:eek:

Hocus Focus

There exists a legal right for passers-by to pick fruit off trees growing on private property, but only as far as they can reach without entering said property. By extension, I would say that you are free to cut back branches overhanging the public roadway.