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Tall Trees

  • 08-04-2021 8:34pm
    #1
    Moderators, Education Moderators, Regional South East Moderators Posts: 12,505 Mod ✭✭✭✭


    Looking for some help please . The woman who lives behind our house has an absolutely enormous evergreen tree ( and smaller ones too) just over our wall . We had a guy trim a few bits here and she took umbrage at one part of our garden where we cut back our shrubs and she felt we could see into her garden . Her garden is huge , if I go to the wall and stand on tiptoe I can see her garage , at best .
    Anyway , the main issue is the really big one . It’s taking light from our garden / house but she isn’t willing to trim it to anything like a more neighbour friendly ( 7 ft or so )level .
    Where do we stand on that legally ?
    I don’t particularly want to go the legal route but being able to quote the law to her might help - presuming I do have legal rights to do so ?


Comments

  • Registered Users, Registered Users 2 Posts: 10,145 ✭✭✭✭Caranica


    You have no legal rights here. There have been a number of attempts to bring in legislation about large trees but none have made it past the finish line. You can cut back any overhanging branches (at your cost) but have to offer the cuttings back to the owner. You can't do anything about the height.


  • Registered Users, Registered Users 2 Posts: 6,535 ✭✭✭dobman88


    Caranica wrote: »
    You have no legal rights here. There have been a number of attempts to bring in legislation about large trees but none have made it past the finish line. You can cut back any overhanging branches (at your cost) but have to offer the cuttings back to the owner. You can't do anything about the height.

    What's the craic with offering the cuttings back to the owner?? My neighbour would laugh at me if I knocked in and asked him if he wanted his rubbish after trimming on my side. I just dump it, correctly of course.


  • Closed Accounts Posts: 68 ✭✭YoshiReturns


    Can't understand why there isn't a law to keep trees close to neighbours to a max height especially if they are blocking light or are a risk to the property. A decent tree person/surgeon can trim a tree back well and it'll still flourish.

    Maybe offer to pay to get it done or go halves ?


  • Closed Accounts Posts: 68 ✭✭YoshiReturns


    dobman88 wrote: »
    What's the craic with offering the cuttings back to the owner?? My neighbour would laugh at me if I knocked in and asked him if he wanted his rubbish after trimming on my side. I just dump it, correctly of course.

    It's probably something we inherited from the British Empire days. We love that **** in Ireland.


  • Registered Users, Registered Users 2 Posts: 552 ✭✭✭awsah


    You should look up the laws around easements,I cant remember if the right to light is included in this and it would matter if you had the light and thr tree grew and blocked it over if the tree was always blocking the light. You could have a fight but your neighbour might laugh in your face, it could cost you an arm and a leg to fight it in court.


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  • Moderators, Education Moderators, Regional South East Moderators Posts: 12,505 Mod ✭✭✭✭byhookorbycrook


    Thanks , all. It’s dreadful that we have to suffer because of a selfish neighbour.


  • Registered Users, Registered Users 2 Posts: 3,264 ✭✭✭Kaybaykwah


    Looking for some help please . The woman who lives behind our house has an absolutely enormous evergreen tree ( and smaller ones too) just over our wall . We had a guy trim a few bits here and she took umbrage at one part of our garden where we cut back our shrubs and she felt we could see into her garden . Her garden is huge , if I go to the wall and stand on tiptoe I can see her garage , at best .
    Anyway , the main issue is the really big one . It’s taking light from our garden / house but she isn’t willing to trim it to anything like a more neighbour friendly ( 7 ft or so )level .
    Where do we stand on that legally ?
    I don’t particularly want to go the legal route but being able to quote the law to her might help - presuming I do have legal rights to do so ?



    You can trim a tree to clear the bottom branches, and give more of a breeze and light. You can also trim the length of branches to a degree, but you don't usually cut the top part of a tree. A tree needs to grow to its optimal size in height, and nothing should stop trees from growing unless they are too close to you foundation...


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    If it's a big issue move, was the tree there when you moved there?

    Only option to get cut would be if there were a risk to life as in it could be seen they're ready to fall but even then it would be difficult unless the owner was on board.

    Some people just love the darkness and bubble these trees bring.

    We had similar 2 doors down. The front was like the Amazon, the rear was a mess and a tree towering over any house within 5 garden or so.....

    She died and it all went. The difference in light was unreal.


  • Registered Users, Registered Users 2 Posts: 3,264 ✭✭✭Kaybaykwah


    If it's a big issue move, was the tree there when you moved there?

    Only option to get cut would be if there were a risk to life as in it could be seen they're ready to fall but even then it would be difficult unless the owner was on board.

    Some people just love the darkness and bubble these trees bring.

    We had similar 2 doors down. The front was like the Amazon, the rear was a mess and a tree towering over any house within 5 garden or so.....

    She died and it all went. The difference in light was unreal.


    Yes, the life thing is real. Lol

    I live near a small National Park in Canada. The Park authorities had a lof older trees cut down for that very reason laste year and the beginning of this one.

    I hate having to cut down any tree, but obviously, there comes a time when certain trees, need to be looked at carefully when older branches fall unpredictably.


  • Moderators, Education Moderators, Regional South East Moderators Posts: 12,505 Mod ✭✭✭✭byhookorbycrook


    Tree was there before our estate was built but in the 20 yard since , it has grown to the height and width it is. Neighbour moved in there around 10 years ago .


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  • Registered Users Posts: 1,473 ✭✭✭Mimon


    It's probably something we inherited from the British Empire days. We love that **** in Ireland.

    Wut? We inherited the British legal system, what do you expect that we revert back to 16th century Brehon laws overnight?


  • Registered Users, Registered Users 2 Posts: 15,922 ✭✭✭✭Discodog


    Looking for some help please . The woman who lives behind our house has an absolutely enormous evergreen tree ( and smaller ones too) just over our wall . We had a guy trim a few bits here and she took umbrage at one part of our garden where we cut back our shrubs and she felt we could see into her garden . Her garden is huge , if I go to the wall and stand on tiptoe I can see her garage , at best .
    Anyway , the main issue is the really big one . It’s taking light from our garden / house but she isn’t willing to trim it to anything like a more neighbour friendly ( 7 ft or so )level .
    Where do we stand on that legally ?
    I don’t particularly want to go the legal route but being able to quote the law to her might help - presuming I do have legal rights to do so ?

    Is it at risk of damaging your wall or it's foundations ?


  • Moderators, Education Moderators, Regional South East Moderators Posts: 12,505 Mod ✭✭✭✭byhookorbycrook


    If it falls , it will take the wall and our roof with it .



  • Registered Users, Registered Users 2 Posts: 26,714 ✭✭✭✭Peregrinus


    Yeah, but you're insured against that (presumably).



  • Registered Users, Registered Users 2 Posts: 1,689 ✭✭✭ittakestwo


    The right to light really only works when light is blocked coming in a window at a boundary. Almost all the light has to be stopped from entering the window as to make the window useless to light the room. Although a tree a few meters away from a window might greatly impact the amount of light coming through, it is not enough to make the window useless unless the tree was right up against a window.

    Most of these right to light disputes are where there is a window in a wall that forms the boundary line of the property, and the owner on the other sides erects something to block out light coming into the window.



  • Registered Users Posts: 516 ✭✭✭BattleCorp1


    Twud be a shame if the tree died, say from someone accidentally spraying it with a load of weed killer in the middle of the night. Yep, that'd be a shame.



  • Registered Users, Registered Users 2 Posts: 23,666 ✭✭✭✭ted1


    7 ft is a pretty small tree. sounds like you are being unreasonable



  • Moderators, Education Moderators, Regional South East Moderators Posts: 12,505 Mod ✭✭✭✭byhookorbycrook




  • Registered Users, Registered Users 2 Posts: 26,714 ✭✭✭✭Peregrinus


    The OP would like to take the tree down to 7 feet. It is presumably much higher than that now.



  • Registered Users, Registered Users 2 Posts: 23,666 ✭✭✭✭ted1


    yes, my comment still stands, 7 ft is a pretty small tree. many people will have larger Christmas trees in their front room..

    that's why the op clarified and said he meant m not ft.



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  • Registered Users, Registered Users 2 Posts: 26,714 ✭✭✭✭Peregrinus


    Ah, OK, 7 metres. That clarification wasn't there when I posted. If the OP wants to take the trees down to 7 m, they must presumably be very big indeed right now.

    I agree that 7 ft would be a very small tree - more of a bush, really. Though if what the neighbour wants is a privacy screen for her garden, 7 ft would be enough to screen it from anyone standing in the adjacent garden.



  • Registered Users, Registered Users 2 Posts: 1,046 ✭✭✭Bio Mech


    If the OP is thinking that a nice cut down size would be 7m then the tree must be what 30-40 feet or more now? To take out a 40 foot high evergreen (they are very very hardy) with any domestic weed killer would need gallons upon gallons and youd never reach the upper parts. its not feasible. If you did kill it youd end up with a dead brown eyesore that would still block most of the light and would be at higher risk of falling.



  • Moderators, Education Moderators, Regional South East Moderators Posts: 12,505 Mod ✭✭✭✭byhookorbycrook


    Made a mess of my posting, the tree is currently around 7 m. I want it brought down to around 2.5 m (around 7 feet) sorry for the lack of clarity.



  • Registered Users, Registered Users 2 Posts: 95 ✭✭2x4


    House insurance companies will want to know if there are any trees that could damage your property. If you answer yes, they will refuse to quote until you submit a report from an arborist.



  • Registered Users, Registered Users 2 Posts: 1,046 ✭✭✭Bio Mech


    I dont think expecting neighbours trees to be cut down to 7 feet is all that reasonable. Thats only fence height. 7 meters is only just over 20 feet which isnt massive



  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik


    Never heard of that. And there are trees all around us and all the neighbours. Never heard of anyone being asked about trees when looking for insurance.

    OP, that tall trees issue isa as old as the hills. Basically you have no rights.

    Only option is to get the neighbor to be a nice neighbor, but that rarely works when people are ignorant enough not to notice tall trees planted beside their neighbors.

    A post above reminded me of a friend of mine who went out in the middle of the night and sprayed some sort of weed killer all over the neighbors side of their trees. They went brown and you could see right through them. The neighbor thought they had caught some disease and cut them down a year later.

    Another firend from a different part of the country moved into a house where those lellandi trees were about 50ft high at the back wall of his garden. Blocked out all the sun. He was going to cut them first thing, but the neighbor behind had the same trees anyway so if he cut his, theirs were still in the way.

    But the neogbor called in and said if she cut her trees would he leave his, so they both had privacy. He said yes. So she cut them (and got back about 30ft of her back garden, which was the reason she cut them). A few weeks later he cut his down and she called in ranting about privacy and that he promised not to cut them. He said to her "When i saw how lovely all that extar space you got back in you garden looked, i thought i would copy you". She was livid.



  • Moderators, Education Moderators, Regional South East Moderators Posts: 12,505 Mod ✭✭✭✭byhookorbycrook


    it's right at the wall, which means if it falls, it will hit our house- our garden is quite narrow at that point. Her house-level is below ours, so that from her side, if she cuts the trees to have them at the level we want them to be on our side, she will still be well screened from us.

    Anyhow, thanks for all the answers, lots to think about.



  • Registered Users, Registered Users 2 Posts: 1,864 ✭✭✭Large bottle small glass


    I had that very issue with my wife's family home about 12 months ago; difference being there was over 50 large Leylandi along the boundary.

    I called to neighbour and had a chat explaining the risk to house, and my doubts over who's insurance would cover it if trees fell. I also pointed out what a load of hassle legally and insurance wise it would be even if insurance companies paid up fully.

    He had a doubt in his head about how covered he was after that.

    All the trees were down 6 weeks later



  • Registered Users, Registered Users 2 Posts: 15,922 ✭✭✭✭Discodog


    I have ben approached by people asking me how to kill a tree or if I will do the killing. It's usually a neighbour's tree & they are away :)



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