neighbour put up trees beside our boundary fence

T

tiia

Guest
There are two properties separated by a lane and now the lane owner has put up trees beside our fence at the other property owner's request.

So now we have trees beside our fence that could kill my hedge and flowers. Can someone exercise control over another's garden like that?

Surely if the other property owner wants more privacy should they not have the trees on their side other than ours and do I have any options if the trees kill my flowers and hedge?
 
You can cut away any and all branches that overhang your property but as far as I know where's nothing else you can do.
 
The trees are not planted on your property. You can move back your own hedge and flowers if you feel the trees will interfere with their growth. If you make a scene about it you'll have bad neighbourly relations, not worth it.
 
thanks, already have bad relations with them, we have helped them in past, but if we dont do what they say they get nasty and bad mouth us so we refuse to have anything to do with them, and if i move my hedges then dont i lose a bit of my garden ????
 
Tila,

It appears to me there are three property owners involved here:

A) You,
B) The Lane owner
C) The Property Owner on the opposite side of the lane.

Is this correct?

In rural Ireland this situation is unusual but not totally unknown. Usually the land owners on either side of the lane own to the centre line.

In urban areas the situation you describe may be more common. Is this in an urban area? Can you check where the boundaries of the various landowners lie?

Can you discuss the issue with the Lane owner? Can the new trees potentially impede free passage along the lane for those with a Right of Way along the lane?

What is the species of tree planted? Could the lane owner be persuaded to plant trees more in keeping with situation as it stands and that would be agreeable to you (and others)

aj


Thread move to AskAboutLaw.
 
Several posts which describe how to kill or stunt tree growth have been removed as such actions on private property may constitute criminal damage. And also may lead to colleteral damage in the vicinity given the OP's concern for the hedge and flowers.

aj
moderator
 
Have you checked re lane ownership?

Is it proposed that the Local Authority takeover the lane?
/ - if so the highway is technically from fence to fence and they may not want the trees there.
 
There may be issues arising under the following three headings -

  • health and safety
  • fire safety issue
  • property damage
If the land was previously only wide enough to walk down while being passed by a vehicle, the trees might cause additional hazard by forcing pedestrians to walk around them and out in front of vehicles. This would affect the lane owner and users relating to him.

If the land previously afforded access to emergency vehicles, particularly fire tenders, and the trees now prevent this, there could be a serious issue in relation to fire safety arising. This again would affect the lane owner and users relating to him more than other people.

If your site is bounded by a wall now and/or your house directly abuts the lane or is only separated from it by a short distance, or your drains pass out into the lane or lie near it, the growth of tree roots towards your property could adversely affect the foundations of your garden wall or your house or could disrupt your services as the case may be. If your property is bounded by a fence now, the planting of trees now may affect your ability to erect a wall at a later date due to root growth. If you cut the roots the trees may die raising a possibly claim against you. Alternatively they may become unstable and falle, either damaging your property, putting you at risk of harm, or blocking the lane. This mainly affects your property.

All the above issues may provide topics for discussion at a meeting between you and the lane owner.
Property owners can cut down mature trees without permission if within a certai ndistance of their house.
I would play the "risk" card with the lane owner and say you will discuss it with the Local Authority and a solicitor.


ONQ.

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
 
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