Neighbours cut down trees on boundary line

[boilerstove]

Hello,

There was a boundary line of trees seperating us from our neighbour in an estate.
We recently built a nice fence about 1.5m from the boundary line.

Fast forward a few months, the neighbour has taken it upon themselves to hire a contractor to cut down the trees. When confronted, while initially said "the trees were being cut to be replaced with a hedge that won't touch your fence", we're now being told "We'll plant the hedge on the boundary line".

There's still a few trees there on the line, we don't want them removed. It sounds and feels like the company are going to press on tomorrow regardless.
It actually looks like the trees, including the ones they've removed, are within our property line if I look on landdirect - so they likely shouldn't have been touched in the first place.

Anyone know the best course of action? Thanks!

Edit: changed a word, good spot Dr.Strangelove!

 

[Dr Strangelove]

We recently built a nice fence about 1.5m from the fence.

Is there a typo here?

 

[boilerstove]

Is there a typo here?

There is - I've now edited thanks!

 

[DeeKie]

Boundary creep. You need to write a letter to warn them off your property so you can’t be argued to have acquiesced

 

[Clamball]

Your neighbour may have woken up one morning and seen your fence and thought, oh my goodness I did not realise the boundary line was there. The trees are now my responsibility so I better do something. So you have a boundary line issue now which you need to get resolved asap. Tell your neighbour you think the trees may be on your property and that you will need to get an engineer/solicitor involved to check the deeds and establish the correct boundary line and until that is established not to cut any more trees. Your neighbour will probably need to do the same.

Cutting down trees is very expensive so I am sure your neighbour would prefer not to pay the contractor if the trees are yours. We have a tree on our boundary that needed work done in the last few years. We discussed it with the neighbour and came to an agreement on costs and he had a preference on which company to use so we went with that.

Good fences make good neighbours. But the first step is agreeing where the fence should be.

 

[Towger]

As other have said, building a fence 1.5m inside the boundary line is going to move the boundary in the eyes of the neighbours.

 

[boilerstove]

As other have said, building a fence 1.5m inside the boundary line is going to move the boundary in the eyes of the neighbours.

Thanks Towger. It was a deliberate move on their part - they were fully aware and I tried to explain to them that I could build a fence whereever I wanted, the boundary line stays the same. They agreed it was the boundary (I now don't think it is...) but are pressing ahead regardless.

Your neighbour may have woken up one morning and seen your fence and thought, oh my goodness I did not realise the boundary line was there. The trees are now my responsibility so I better do something. So you have a boundary line issue now which you need to get resolved asap. Tell your neighbour you think the trees may be on your property and that you will need to get an engineer/solicitor involved to check the deeds and establish the correct boundary line and until that is established not to cut any more trees. Your neighbour will probably need to do the same.

Cutting down trees is very expensive so I am sure your neighbour would prefer not to pay the contractor if the trees are yours. We have a tree on our boundary that needed work done in the last few years. We discussed it with the neighbour and came to an agreement on costs and he had a preference on which company to use so we went with that.

Good fences make good neighbours. But the first step is agreeing where the fence should be.

Nope, deliberate act. They've been there 40+ years, new fence went up a few weeks ago and now this. My protests were falling on deaf ears. They want them gone and are saying they'll replace it with a hedge. I've repeatedly stated I do not want a hedge, I want the trees and for the remaining trees to not be touched.

The contrator is saying they're coming down...

Anyone know the price to get a boundary checked in an estate?

 

[Sue Ellen]

Anyone know the price to get a boundary checked in an estate?

Have you had a look at www.landdirect.ie to see what the boundary looks like.

Presumably there's no tree preservation orders on the trees.

 

[Dr Strangelove]

So you took the first step to build a fence 1.5 m from a boundary line.

This would leave you with no access to the trees for maintenance or whatever.

It sounds a bit like you’re voluntarily giving up the territory here

 

[ClubMan]

It actually looks like the trees, including the ones they've removed, are within our property line if I look on landdirect - so they likely shouldn't have been touched in the first place.

I tried to explain to them that I could build a fence whereever I wanted, the boundary line stays the same. They agreed it was the boundary (I now don't think it is...)

You don't seem very sure about where exactly the boundary line is. Surely the first task is to clarify this? Although that will probably be too late for the remaining trees due for the chop?

 

[Leo]

If the neighbours are not taking your concerns onboard, it may well be time to talk to a solicitor.

 

[boilerstove]

So you took the first step to build a fence 1.5 m from a boundary line.

This would leave you with no access to the trees for maintenance or whatever.

It sounds a bit like you’re voluntarily giving up the territory here

Of course there is access, I can just lift up the fence.

So you're saying if I had say a 20 metre garden and I decide to put a fence up in the middle, I'm voluntarily giving up 10 metres?

 

[Leo]

So you're saying if I had say a 20 metre garden and I decide to put a fence up in the middle, I'm voluntarily giving up 10 metres?

Unlikely at that extreme, but in many cases throughout the country there is no highly accurate mapping detailing all these residential boundaries. If it ever came to a formal dispute an opinion might be formed that your fence as a fixed boundary should become the formal boundary. Also, should they gain access to the extra 1.5m and you make no attempt to exclude them from your property, you potentially open the door to adverse possession.

 

[grenzgebiet]

Make the contractor aware of the situation when or before they next arrive.
If you have their Business Name - write, phone or e-mail immediately to say that they have no authority or permission to remove trees from your property and if they do so you will follow up with legal action.

 

[grenzgebiet]

If the contractors continue to damage your property, despite your warnings - call the Gardai immediately and request their help in preventing any further damage.

 

[Dr Strangelove]

So you're saying if I had say a 20 metre garden and I decide to put a fence up in the middle, I'm voluntarily giving up 10 metres?

Obviously not. What @Leo said.

I suspect there is a backstory here. The obvious compromise solution was to cut the trees and build a fence on the boundary line and share the costs.

One of you has paid for a fence and the other for tree felling. This looks a bit like tit for tat.

 

[elcato]

As a matter of interest, why did you build the fence and why 1.5 metres from the trees ?

 

[mathepac]

An act of outright vandalism.

Did the neighbour establish the boundary before employing the tree surgeon?

Did the neighbour apply to the local authority for permission to remove the trees?

I have the right to fence my property in any way I choose. This does not cede possession of the un-fenced portion of my property to anyone.

 

[boilerstove]

Unlikely at that extreme, but in many cases throughout the country there is no highly accurate mapping detailing all these residential boundaries. If it ever came to a formal dispute an opinion might be formed that your fence as a fixed boundary should become the formal boundary. Also, should they gain access to the extra 1.5m and you make no attempt to exclude them from your property, you potentially open the door to adverse possession.

Why does it matter if it's 1.5m or 15m providing it's all built within my garden? Why would the brand new fence become the fixed boundary? Again, it is built in my garden. Agreed re adverse posession; if they gain access to the additional part of my garden, this is clearly what they were trying to do and what I'm trying to stop.

Obviously not. What @Leo said.

I suspect there is a backstory here. The obvious compromise solution was to cut the trees and build a fence on the boundary line and share the costs.

One of you has paid for a fence and the other for tree felling. This looks a bit like tit for tat.

There is no backstory. It's in an estate, we're surrounded by gardens. Walls on either side except for the back where there is large trees seperating me and the house behind. I wanted a fence up because the lower half on my side was getting no light so I couldn't grow anything there, although to be fair, it's my garden. I can do what I want with regards fencing.

I want the trees to remain on the boundary line. Can you explain why I would or should have to compromise on my boundary line?

An act of outright vandalism.

Did the neighbour establish the boundary before employing the tree surgeon?

Did the neighbour apply to the local authority for permission to remove the trees?

I have the right to fence my property in any way I choose. This does not cede possession of the un-fenced portion of my property to anyone.

Thank you - I'm a bit shocked at some of the replies here. The fact that some people are telling me what I can or cannot fence within my boundaries is strange.

 

[ClubMan]

I want the trees to remain on the boundary line.

Hasn't that ship sailed, at least in part?

Fast forward a few months, the neighbour has taken it upon themselves to hire a contractor to cut down the trees. When confronted, while initially said "the trees were being cut to be replaced with a hedge that won't touch your fence", we're now being told "We'll plant the hedge on the boundary line".

There's still a few trees there on the line, we don't want them removed.

Have you done anything about this?

You don't seem very sure about where exactly the boundary line is. Surely the first task is to clarify this? Although that will probably be too late for the remaining trees due for the chop?

If you're mistaken about the boundary and it turns out that the trees weren't/aren't actually on your property then maybe you're getting exercised unnecessarily?