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Neighbour wants tree removed

  • 29-05-2017 6:34pm
    #1
    Registered Users Posts: 69 ✭✭


    My neighbours sent in a letter today asking me to remove or replace a tree in my back garden.

    I moved in almost 9 years ago and it was a new build. The tree in question is a wild tree and was there when we moved in. We love it as it gives us great privacy at the back and only bothers the neighbour in question. I should say this is the first time they've raised the issue.

    We are not overlooked at the back thanks to the tree!

    During May for max a week it sheds some seed and white fluff. It is inconvenient and even we find we need to close the windows for that week and the green grass is a blanket of this white stuff it sheds. We do loose out on using the garden for max a week a year which they are saying they do too.

    So my question is what would you do?

    Several other neighbours have the same tree so it would mean all of us cutting them down

    Would it be possible to prune it back or will it have to be removed. I really would hate for that to happen and to lose a lot of privacy. Also if we do remove it are we liable for the cost?

    I don't want it to become an issue and really would like to be fair

    Thanks for any advice


«1

Comments

  • Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    chic chick wrote: »
    My neighbours sent in a letter today asking me to remove or replace a tree in my back garden.

    I moved in almost 9 years ago and it was a new build. The tree in question is a wild tree and was there when we moved in. We love it as it gives us great privacy at the back and only bothers the neighbour in question. I should say this is the first time they've raised the issue.

    We are not overlooked at the back thanks to the tree!

    During May for max a week it sheds some seed and white fluff. It is inconvenient and even we find we need to close the windows for that week and the green grass is a blanket of this white stuff it sheds. We do loose out on using the garden for max a week a year which they are saying they do too.

    So my question is what would you do?

    Several other neighbours have the same tree so it would mean all of us cutting them down

    Would it be possible to prune it back or will it have to be removed. I really would hate for that to happen and to lose a lot of privacy. Also if we do remove it are we liable for the cost?

    I don't want it to become an issue and really would like to be fair

    Thanks for any advice

    Realistically if it's on your property they can't tell you to remove it. However if for some reason it is over some of a boundry wall and is impending it's structural capabilities they would be within their rights to cut off whatever part is over into their property.

    Best bet is to contact said neighbour and ask can you clean it up when it happens and that might resolve it.

    Not sure if they could claim that your tree is littering into their garden meaning you could be fined so hopefully another boardsie can clear that up


  • Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭Grolschevik


    Recent thread from the other perspective... Be interesting if it was your guy!

    http://www.boards.ie/vbulletin/showthread.php?p=103438376


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users Posts: 69 ✭✭chic chick


    Thanks for taking the time to reply.

    There is no overhang -their issue is the fluff or shedding blowing into their garden. It's very light kind of like fluff. Sorry if that's a basic description.

    They are now saying their son is allergic to it and if the issue is not resolved they will be forced to look at other angles.

    That made me worried

    The other neighbours who received the letters are renting I spoke to them this evening to see if we could all find a solution. They are passing the letters onto their landlords.


  • Registered Users Posts: 69 ✭✭chic chick


    Recent thread from the other perspective... Be interesting if it was your guy!

    http://www.boards.ie/vbulletin/showthread.php?p=103438376

    Not me. Phew!
    My tree is wild like myself!!


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  • Registered Users, Registered Users 2 Posts: 39 omegab


    They still have no right I'm afraid, or that would have been very useful for the neighbouring farm and their rapeseed pollen!


  • Registered Users, Registered Users 2 Posts: 9,900 ✭✭✭InTheTrees


    chic chick wrote: »
    They are now saying their son is allergic to it and if the issue is not resolved they will be forced to look at other angles.

    So they want all the cherry trees removed from the neighbourhood because of their child's onset of an allergy? What if it grows out of its allergy?

    It seems very unreasonable.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 39 omegab


    You can recommend Zyrtec as a good antihistamine. :)


  • Registered Users, Registered Users 2 Posts: 1,094 ✭✭✭db


    Just ignore it. Sounds like the tree was there before they even moved in. They didn't even bother calling around to discuss it.


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  • Registered Users Posts: 69 ✭✭chic chick


    db wrote: »
    Just ignore it. Sounds like the tree was there before they even moved in. They didn't even bother calling around to discuss it.

    It was actually as we were the last ones to move in on our row.


  • Registered Users Posts: 182 ✭✭casscass4444


    Absolutely none of your neighbors business.if the tree is on your private property they have nothing to do with it and should be told to fcuk off back to watching their Jeremy Kyle.
    Only if branches of the tree overhang their property which is their 50% width of the boundary wall are they allowed to trim the branches back to your half and any overhanging fruit can also be claimed by them if it had fruit.
    Tell them in no uncertain terms to rev up and fcuk off


  • Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    Could you put netting on it to contain it


  • Registered Users Posts: 69 ✭✭chic chick


    beauf wrote: »
    Could you put netting on it to contain it

    Oh that got me thinking. I'll look into that. Thank you


  • Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    their son is allergic and they moved into a house with a line of those trees behind it...

    Sounds unlikely...even developing it...


  • Closed Accounts Posts: 910 ✭✭✭BlinkingLights


    You absolutely cannot be fined for a tree shedding leaves.

    Unfortunately, some people seem to think that their garden should be a hermetically sealed space without any wildlife or nature. There's nothing you can do about that really other than just do not engage.

    I would not put up netting as you are going to cause yourself a huge maintenance issue and you are immediately giving in to a totally unreasonable request.

    Just ignore the communication and if they call around tell them you have no intentions of removing it.


  • Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    chic chick wrote: »
    Oh that got me thinking. I'll look into that. Thank you

    Maybe some really fine mesh


  • Registered Users Posts: 69 ✭✭chic chick


    Here is the pic. To the left is a neighbour with same tree. To the right the neighbour with the issue. But behind the tree is another housing estate that we don't see and aren't overlooked thanks to the tree


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    chic chick wrote: »
    They are now saying their son is allergic to it and if the issue is not resolved they will be forced to look at other angles.

    That made me worried
    They have no recourse. You have no obligations in this matter, there are no grounds on which they can sue.

    At best they can continue sending letters.

    Ignore the letter, don't even respond.

    Some people will chance their arm at anything.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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  • Registered Users, Registered Users 2 Posts: 6,731 ✭✭✭brian_t


    beauf wrote: »
    Could you put netting on it to contain it

    Why ?

    The neighbours could put up netting to keep it out. There are several trees in the vicinity.


  • Closed Accounts Posts: 910 ✭✭✭BlinkingLights


    You have to be willing to adopt a fairly hard line in some of these disputes and just do not engage.

    It can be a little uncomfortable, but it will blow over.

    If you give an inch you'll be losing a mile before you know where you are!


  • Registered Users, Registered Users 2 Posts: 2,538 ✭✭✭sunny2004


    I think this is NOT a cherry blossom.. can you take a photo of the leaf ?

    It reminds me on something I had at the old house, over the years its seeds sprouted all over the place.

    Is it extremely fast growing ?


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    brian_t wrote: »
    Why ?

    The neighbours could put up netting to keep it out. There are several trees in the vicinity.

    You make a good point. Forget the netting.

    Suggest it to the neighbours.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    "Dear Neighbour,

    Thank you for bringing this to my attention. In light of your son's allergy, I will not oppose your planning application to surround your garden in anti-pollen netting."


  • Registered Users, Registered Users 2 Posts: 4,246 ✭✭✭ardinn


    Anyone who says - "they will be forced to look at other angles" immediately goes onto my sh?t list - Send them information on the allergy, along with a doctor's number, a pharmacies number and also the number for the local estate agent.

    Make it DAMN clear any more nonsense talk like that and living next door may become "difficult"


  • Registered Users, Registered Users 2 Posts: 1,249 ✭✭✭kbell


    If they persist with this,then plant more trees of the same type.


  • Registered Users Posts: 69 ✭✭chic chick


    First pic is the leaves.
    Second is what the tree sheds rather ugly but only in our garden and only once a year


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  • Registered Users, Registered Users 2 Posts: 2,538 ✭✭✭sunny2004


    ok its not what I was thinking..


  • Registered Users, Registered Users 2 Posts: 2,728 ✭✭✭dilallio


    My uncle had a similar issue with his neighbour a few years back.
    His approach was to let the neighbour know that he would be happy to accommodate them, if they bore the full cost of removing the tree and replacing it with an alternative mature tree such as a Yew. When they found out that the Yew would cost €900 - €1,100, that was the end of that discussion.


  • Registered Users Posts: 182 ✭✭casscass4444


    Have a care would you go putting up netting to contain leaves or offer anything in this matter. If you give them an inch they will walk all over you.keep the letter just incase the pr1cks go further but they have no ground.tell them away and fcuk with themselves.
    Some sense of entitlement there.they don't like your tree so they will bully you into getting rid of it.remind them that the human species need trees for oxygen which by the sound of it these flutes waste just by living.
    As for the precious son allergic to the tree which is sh1te,if he was allergic to cats or dogs would they expect a neighbourhood ban on the keeping of animals.tell them away and fcuk and leave it at that.


  • Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    ardinn wrote: »
    Anyone who says - "they will be forced to look at other angles" immediately goes onto my sh?t list
    Yeah other angles or legal obligation or the word action
    Send them information on the allergy, along with a doctor's number, a pharmacies number and also the number for the local estate agent.

    Make it DAMN clear any more nonsense talk like that and living next door may become "difficult"
    Don't do this


  • Registered Users, Registered Users 2 Posts: 2,538 ✭✭✭sunny2004


    That's a good idea, see if they are prepared to foot the bill.


  • Registered Users, Registered Users 2 Posts: 2,477 ✭✭✭newbie2


    Its a willow, I think. It'll only grow back if it's cut down. It'll need ot be fully removed - could be an issue with fencing foundations etc


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  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 2,906 ✭✭✭Cazale


    If they didn't have the decency to knock at your door and talk like adults I would tell them to go do one. If they had faith in the strength of their argument they wouldn't need to hide behind a letter.


  • Registered Users Posts: 69 ✭✭chic chick


    Thank you every one I really appreciate all the replies. I was gutted to get the letter and was worried when I read about the allergies and " being forced to look at other angles" I'm soft as butter.
    This has given me plenty to think about.


  • Registered Users Posts: 182 ✭✭casscass4444


    newbie2 wrote: »
    Its a willow, I think. It'll only grow back if it's cut down. It'll need ot be fully removed - could be an issue with fencing foundations etc

    It won't be an issue because the tree is staying where it is and the neighbors objecting to it need to mind their own business. They have no say in the matter as the tree is on somebody else's private property and would be better off occupying themselves with work or a hobby instead of writing cowardly letters to their neighbors.
    Modern Ireland for you where the sense of entitlement stinks and people have a solicitor on speed dial.
    Personally if it was me that got the letter I'd take a small clipping of my tree to a garden centre for identification and order about 10 more identical trees which I'd plant in a row on my own private property.that might quieten them


  • Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    It won't be an issue because the tree is staying where it is and the neighbors objecting to it need to mind their own business. They have no say in the matter as the tree is on somebody else's private property and would be better off occupying themselves with work or a hobby instead of writing cowardly letters to their neighbors.
    Modern Ireland for you where the sense of entitlement stinks and people have a solicitor on speed dial.
    Personally if it was me that got the letter I'd take a small clipping of my tree to a garden centre for identification and order about 10 more identical trees which I'd plant in a row on my own private property.that might quieten them

    I had a neighbour buy the house next to me and then object to my giant shed
    That I'd had for a few years. Planning came round and told me I was very bold so I applied for retention and explained to the neighbors that I'd be planting lylandi and they would be living in the dark within 5 years if I didn't get my retention.


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  • Registered Users, Registered Users 2 Posts: 32,296 ✭✭✭✭odyssey06


    Pretty good information here on Irish legislation:
    http://treecouncil.ie/tree-advice/trees-law/

    Interesting difference between Irish and UK legislation in terms of tree height:
    http://www.gardenplansireland.com/articles/article21.html

    And a similar case from Australia - I doubt we have any similar provision here...
    http://www.cartercapner.com.au/blog/tree-removal-ordered-for-allergic-reaction-to-pollen-drift/

    "To follow knowledge like a sinking star..." (Tennyson's Ulysses)



  • Registered Users, Registered Users 2 Posts: 7,828 ✭✭✭unklerosco


    If they at least had the decency to call in and have a chat with you there's a better chance of you considering it. My neighbour had a massive evergreen tree in his garden, blocked all of the sun in our garden from around 2pm in the height of summer and you'd be sweeping up pine needles all winter. I called into him one day and had a chat about the tree, he brought me out to look at it and I brought him into our garden to show the lack of sunlight and pine needles everywhere. I said I'd contribute to the cost of cutting it down if he'd consider it... It took a year but he eventually got it cut down and took down a sycamore tree that had sprung up in his back garden and paid for the lot himself... I think if I had written a letter about it and slipped it in his letter box it would have been a totally different outcome.



  • Registered Users, Registered Users 2 Posts: 3,820 ✭✭✭FanadMan


    unklerosco wrote: »
    If they at least had the decency to call in and have a chat with you there's a better chance of you considering it. My neighbour had a massive evergreen tree in his garden, blocked all of the sun in our garden from around 2pm in the height of summer and you'd be sweeping up pine needles all winter. I called into him one day and had a chat about the tree, he brought me out to look at it and I brought him into our garden to show the lack of sunlight and pine needles everywhere. I said I'd contribute to the cost of cutting it down if he'd consider it... It took a year but he eventually got it cut down and took down a sycamore tree that had sprung up in his back garden and paid for the lot himself... I think if I had written a letter about it and slipped it in his letter box it would have been a totally different outcome.

    That a Weber in the cooking area?


  • Closed Accounts Posts: 11,221 ✭✭✭✭m5ex9oqjawdg2i


    Realistically if it's on your property they can't tell you to remove it. However if for some reason it is over some of a boundry wall and is impending it's structural capabilities they would be within their rights to cut off whatever part is over into their property.

    Best bet is to contact said neighbour and ask can you clean it up when it happens and that might resolve it.

    Not sure if they could claim that your tree is littering into their garden meaning you could be fined so hopefully another boardsie can clear that up

    Trees don't litter...


  • Registered Users, Registered Users 2 Posts: 7,828 ✭✭✭unklerosco


    FanadMan wrote: »
    That a Weber in the cooking area?

    There's 4 of them...


  • Registered Users, Registered Users 2 Posts: 3,820 ✭✭✭FanadMan


    unklerosco wrote: »
    There's 4 of them...

    Can see a smoker (Smokey Mountain?) and a Master Touch or Performer. Really hard to spot what's there on a video......anyway, I'm mega jealous :D


  • Closed Accounts Posts: 3,220 ✭✭✭cameramonkey


    http://www.familyallergyasthmacare.com/2013/05/that-white-cottony-stuff-blowing-around-in-the-air-is-not-pollen/

    he is not getting an allergic reaction to the fluffy stuff. It could be a pollen thing but it could be from any tree or grass.

    Does your tree block his light?


  • Registered Users Posts: 69 ✭✭chic chick


    http://www.familyallergyasthmacare.com/2013/05/that-white-cottony-stuff-blowing-around-in-the-air-is-not-pollen/

    he is not getting an allergic reaction to the fluffy stuff. It could be a pollen thing but it could be from any tree or grass.

    Does your tree block his light?

    In no way what so ever does it block his light.
    At a guess I think it's the inconvenience of the fluffy stuff and not being able to open the windows or use the garden once a year.


  • Registered Users, Registered Users 2 Posts: 7,767 ✭✭✭Pinch Flat


    Wouldn't worry too much OP there's nothing they can do. They sound like they'll go get the famous "solicitors letter" to scare you - ignore that as well. Who writes to their neighbour anyway - surely the way they should broach this is to have a chat?


  • Registered Users Posts: 69 ✭✭chic chick


    I know why they sent the letter rather than talking. I didn't mention this earlier as I wanted to be fair and not influence responses.

    Many years ago when my son was a baby I came home from work to smell gas. Long story short the extension he did himself had the boiler extraction coming out from his house and straight into mine ( both at a 90 degree angle) the guy from the gas company brought him into mine and showed him, he had to sign something to say he understood how dangerous it was and their heating was shut down until he moved it and stopped the gas coming into mine. I had no prob with this -felt it was an accident and a misunderstanding and he would put it right

    However some days later. He hacked into where they had shut his gas down to put on the heating. As they were cold!! So we wake up a second morning knowing there is gas in our house, feeling sick and having to go outside. They had no excuse for this second time.

    Yet they were furious with me as they couldn't turn on their heating. The gas man was ripping, by chance it was the same guy and said I should have been calling the guards and not him. Since then the neighbour barely acknowledges me

    So I really am nervous about this letter I received about the tree.

    I know it shouldn't matter but I'm a single mum with an 8 and a half year old so really don't want to feel uncomfortable in my own home


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