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Neighbour's tree - root damage

  • 28-05-2023 10:03am
    #1
    Registered Users, Registered Users 2 Posts: 30


    This is pre-emptive as no damage is yet done.

    My neighbours rent. They are lazy and the garden is not maintained - a rub of the strimmer 3 or 4 times in the summer is the best they will do. As a result, a number of trees have grown near the boundary, from windfall seeds. I'm worried that the roots of one will take out the line from my oil tank, which would be a disaster - I would need to get the topsoil excavated and disposed of professionally.

    I would talk to them, but they haven't spoken to me since I called the dog warden on them after their dog, on the restricted breed list, but not kept in accordance with the terms, literally chewed through the chain link fnece I erected at a cost of over a grand, to try and get at me. I had put up with 8 years of trouble from the dog and countless promises from them before I made the call, and the dog was gone a week later. I had warned them after the chain link incident that I would be calling the warden if they continued to leave the dog out in the back garden, depriving me of the ability to use my back garden. I was quite happy to talk to them subsequently, but after being repeatedly blanked, I got the message.

    I'm just wondering if I can pursue them in the courts if roots from a tree in their property damages something on my property?



Comments

  • Registered Users, Registered Users 2 Posts: 7,479 ✭✭✭The Continental Op


    Your over thinking it your oil line isn't made of glass its a copper pipe that will bend, roots aren't going to damage it.

    You have bad neighbours I get that but this isn't a way you can get at them.

    You can't take them to court for any damage as they don't own the property afaik you'd have to go after the owner.

    Wake me up when it's all over.



  • Registered Users, Registered Users 2 Posts: 1,297 ✭✭✭Count Dracula


    This guy again.

    I would say canal treatment or an extraction.

    Setanta killed Chulainn's guard dog and got a new identity out of it that is now globally recognised across the entire universe? Grow a pair and deal with the K9's in your attic please.

    See you in court.



  • Registered Users, Registered Users 2 Posts: 30 BottomBurp


    I have no interest in getting at them. They want nothing to do with me. I want nothing to do with them The only thing that breaks the status quo is when they do something that negatively impacts on me. Otherwise I don't waste any brain cycles on them.



  • Registered Users, Registered Users 2 Posts: 30 BottomBurp




  • Registered Users, Registered Users 2 Posts: 3,210 ✭✭✭Nigzcurran


    I feel your pain and you have my sympathies, we could all be cursed with bad neighbours at any time



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  • Registered Users, Registered Users 2 Posts: 889 ✭✭✭cbreeze


    One thing to look forward to is that their landlord might want to sell and evict them!

    Only if the tree gets very big would the roots become a problem on your side. If roots spread out into your property you are within your rights to cut them back, which will weaken the tree and with a bit of luck it will fall down into their garden.



  • Registered Users, Registered Users 2 Posts: 30 BottomBurp


    Thanks - as long as the tree doesn't take out the oil line, I'll likely be dead before it causes those kind of issues.



  • Moderators, Politics Moderators Posts: 41,240 Mod ✭✭✭✭Seth Brundle


    I'm not sure what relevance the tenants dog has to the discussion but it does make you sound slightly paranoid (their dog chewed through the metal fence "to try and get at me" 🙄)

    However, when you ask this...

    I'm just wondering if I can pursue them in the courts if roots from a tree in their property damages something on my property?

    ...would you not consider discussing the trees with the actual owner of the property i.e. the landlord before considering the cost and grief of heading to court?



  • Registered Users, Registered Users 2 Posts: 11,720 ✭✭✭✭Jim_Hodge


    If, and it's a huge IF, you have issues with damage from tree roots then it's the owner you have to deal with. It has nothing to do with the tenants.



  • Posts: 1,539 ✭✭✭ [Deleted User]


    Do you measure how long their grass is with a ruler too? 🙄



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  • Registered Users, Registered Users 2 Posts: 30 BottomBurp


    The dog was mentioned to explain why I can't discuss the tree issue with the renters - that's the relevance. The dog was bloody nuts from being locked out in the back garden without ever getting a walk and would have attacked me if it got out, no question. It went ape everytime I went in the back garden, and would continue to bark and hurl itself at the fence incessantly until I went in. I put up with this for 8 years, and when I finally called in the warden, they stopped talking to me.

    I would love to discuss it with the owner - he's reasonable as landlords go. I don't have the owner's contact details anymore. The number I had for them no longer works, and the tenants board won't give out the info unless it is for an emergency. I've never gone to court, would rather not go to court, and have no axe to grind with the neighbours as long as what they do doesn't adversely affect me.

    Other posters reckon the tree won't take out the oil line, so that being the case, the matter is closed.



  • Registered Users, Registered Users 2 Posts: 30 BottomBurp


    No, I just post unhelpful comments in forums. 🙄🙄



  • Registered Users, Registered Users 2 Posts: 311 ✭✭keithb93


    But you're not posting unhelpful comments are you? You should have said "I just ask stupid questions in forums".



  • Registered Users, Registered Users 2 Posts: 11,392 ✭✭✭✭Furze99


    Look at it another way - you probably won't be allowed to burn oil to heat your gaff by the time the tree roots maybe an issue!



  • Registered Users, Registered Users 2 Posts: 30 BottomBurp




  • Registered Users, Registered Users 2 Posts: 1,970 ✭✭✭6541


    You could always inject the trees with something ...



  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    Not legal advice - just a few observations on general principles.

    1. Irrespective of the material from which the oil line is made, tree roots, if strong and big enough, may well break it. It is well known that tree roots can strangle or break underground services including electricity, comms, water, sewerage and anything else in the ground.
    2. Trespassing tree roots are a potentially serious problem and not just for underground services. If big enough and strong enough they can abstract water and create undermining of foundations. That seems a long way off here and would depend on a number of factors. The problem is that unless they break the surface you cannot see where they are !
    3. If the oil line, or anything else, was damaged by strangulation by trespassing roots there is a stateable case against the owner and or occupiers. Much would depend on what terms they have in a lease as regards maintenance and such matters but that is between them.
    4. Normally, claims like this would be against the occupier of property on the premise that the occupier enjoys control of the property. However, there might be a liability on the landlord owner too.
    5. Check your household insurance policy to see if it provides any cover in respect of damage to underground services. Some provide cover for repairing accidental damage to such services but I don't know if they would cover remedial works for the polluted ground or the cost of replacing the lost oil. It depends on what the policy covers.
    6. In the event of a loss due to tree roots trespass the OP's house insurance might cover some or all of it. In that event the insurers then become entitled to go against the owner or occupier to recover outlay.
    7. Be exceptionally careful about cutting trespassing roots as you cannot know what unintended potential consequences could follow from that. For example, you could cut roots, the present occupants depart, the tree dies and falls on one of the new people. Always take professional advice before embarking on that road.
    8. Poisoning the trees is a really bad idea as that may well constitute criminal damage.

    Despite previous problems I would make one further attempt to get the owner's details from the tenants. I know what you expect to be told to do but it would be worth it to try and abate a potential problem in good time.

    Good luck with it.



  • Registered Users, Registered Users 2 Posts: 30 BottomBurp




  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    It is important in a case like this not to let the grass grow under your feet!



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