Neighbours cut down trees on boundary line

[boilerstove]

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

In part yes, it has. Half are gone. Doesn't mean I can't save the remaining half and then if needed, seek restitution of what was wrongfully removed..

Have you done anything about this?

In terms of what? I've asked them to stop & down tools which they appear to have done.

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?

Not being a twat but I don't understand what you mean by "getting exercised unnecessarily" - is that a legal term? If it was meant to be excited, then if proven the trees are not the boundary line you'd have a point but there is no point in me not taking this up now when some of the trees are still standing.

What would you do if your neighbours suddenly decided to start cutting down the treeline boundary between both of your propertys?

(For the record, although it's not defintive, it's quite clear to see on landdirect and compare that to my neighbouring walls were the boundary is.)

 

[Corola]

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

You are entitled to fence your property in a strange way if you choose to. But it's hard to understand why you would put up the illusion of a boundary 1.5m in front of the real boundary. It sounds like it would invite all manner of future disputes.

 

[bill_cash]

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.

I think the point is you can do what you want with your property but most people (and myself based on experience) think by doing it you are inviting trouble.

 

[mathepac]

"It is an offence for any person to uproot or cut down any tree unless the owner has obtained permission in the form of a felling licence from the Forest Service"

Trees and the Law | Tree Council

This provides a general overview. Professional legal advice should be sought in complex issues relating to trees and the law.

www.treecouncil.ie

 

[T McGibney]

"It is an offence for any person to uproot or cut down any tree unless the owner has obtained permission in the form of a felling licence from the Forest Service"

Trees and the Law | Tree Council

This provides a general overview. Professional legal advice should be sought in complex issues relating to trees and the law.

www.treecouncil.ie

Exempted

Here are some common scenarios where trees can be felled without the need to submit a tree felling licence application under Section 19 of the Forestry Act, 2014:

• A tree in an urban area. An urban area is an area that comprised a city, town or borough specified in Part 2 of Schedule 5 and in Schedule 6 of the Local Government Act 2001 before the enactment of the Local Government Reform Act 2014.

 

[mathepac]

On what basis?

 

[MelF]

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.

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?

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.

OP I think people are just trying to get a better sense of your thinking with the fence, as am I. If your plants weren’t getting enough light how does the fence help that? Is it that you liked the boundary tree heights but not the screening down lower?
What kind of trees are they, deciduous or evergreen? Some, like Leylandi can get very ratty and need a lot of maintenance so if it’s those maybe the neighbours didn’t want to deal with them any longer. Or other unruly types. Plantung a new hedge wouldn’t be cheap so be good to maybe get a better sense of their reasoning.
Also how long after fence construction did they bring in the tree fellers?

 

[T McGibney]

On what basis?

The bit I highlighted.

 

[Leo]

On what basis?

The legislation, section 19 specifically. Might be an idea to have a read before you suggest people are breaking the law.

 

[Leo]

The fact that some people are telling me what I can or cannot fence within my boundaries is strange.

Who has told you you cannot fence within your boundary?

 

[mathepac]

Exempted

Removal of "A tree" in an urban area is exempted. I can't see where the removal of multiple 40-year old trees is exempted. @Leo ditto

 

[Leo]

Removal of "A tree" in an urban area is exempted. I can't see where the removal of multiple 40-year old trees is exempted. @Leo ditto

Read the legislation, it's in pretty simple language and makes clear that all trees in urban or borough settings are exempt. Where you're getting the notion that there's some number based criteria is beyond me!

 

[boilerstove]

@Leo @mathepac - just to confirm is this legislation talking about random trees or trees on the boundary line? Thanks

 

[Leo]

@Leo @mathepac - just to confirm is this legislation talking about random trees or trees on the boundary line? Thanks

The legislation does not apply to any tree in an urban or borough setting, boundary or otherwise, but will apply to trees on rural boundaries. Also, trees within 30m of a building are also not covered. You said you are living in an estate, so it's unlikely your situation is covered.

Also, not all species of tree are in-scope. Trees that are are:

free standing woody perennial plant whose species has the potential to have a more or less definite crown and be capable of reaching a minimum height of 5 metres at maturity and includes a sapling and the species of birch and hazel.

 

[boilerstove]

Who has told you you cannot fence within your boundary?

You're correct, maybe I oversimplified. However surely you'd (and the law) agree that me putting a fence wherever I want on my property does not impact the boundaryline.

OP I think people are just trying to get a better sense of your thinking with the fence, as am I. If your plants weren’t getting enough light how does the fence help that? Is it that you liked the boundary tree heights but not the screening down lower?
What kind of trees are they, deciduous or evergreen? Some, like Leylandi can get very ratty and need a lot of maintenance so if it’s those maybe the neighbours didn’t want to deal with them any longer. Or other unruly types. Plantung a new hedge wouldn’t be cheap so be good to maybe get a better sense of their reasoning.
Also how long after fence construction did they bring in the tree fellers?

Fair point.

Reason was two-fold. The upper 4/5'ths of the trees are very nice, lower 5th not so much and there were some gaps. So we wanted to cover up the more unsightly half + increase privacy (for both parties mind) and also to have a small storage space to put items we're not using at the moment but will be in the future ie. not rubbish but I've a number of cavity blocks, wood etc for future project that I'd rather be hidden than lying in my garden.

They're decidious and tall, blocking out the upper windows from a number of houses looking into our garden.

About 6 weeks. After the houses haven here about 50 years.

 

[boilerstove]

The legislation does not apply to any tree in an urban or borough setting, boundary or otherwise, but will apply to trees on rural boundaries. Not all species of tree are in-scope. Trees that are are:

Okay cool so it is in an urban area. So just to confirm once and for all - can they legally cut trees that are on the shared borderline?

 

[Leo]

You're correct, maybe I oversimplified. However surely you'd (and the law) agree that me putting a fence wherever I want on my property does not impact the boundaryline.

No, the advice we're giving you is that putting a fence close to what you believe is the boundary CAN result in alteration to the official boundary.

Okay cool so it is in an urban area. So just to confirm once and for all - can they legally cut trees that are on the shared borderline?

They do not need a permit, but if the trees are on and form the boundary, they must have the permission of owners on both sides to remove them.

Most estate developments avoid tress on boundaries as they very often become a source of contention. You need a suitably qualified expert to establish where precisely your boundary is and take it from there. Putting the contractor on notice that you will hold them jointly liable in the event the trees are confirmed as forming the boundary would be a good idea. Just because the other property owner told them to do so does not absolve them of all responsibility.

 

[mathepac]

Boundary disputes between neighbours

The general rule is that any boundaries between your land and your neighbour’s land are jointly owned by both you and your neighbour. But you may be able to prove that you own a boundary structure outright.

www.citizensinformation.ie

"A tree or hedge on a boundary is generally the property of both landowners. You are not allowed to cut down the tree or hedge without your neighbour’s permission. Overhanging branches or roots that are encroaching on your land can be cut back without permission, but only as far as the boundary line. You should still discuss this with your neighbour to avoid disagreements."

And apply to the LA for a licence to remove multiple mature trees.

 

[T McGibney]

Removal of "A tree" in an urban area is exempted. I can't see where the removal of multiple 40-year old trees is exempted. @Leo ditto

Your logic would therefore suggest that a forest nursery is exempted from any requirement to have a felling licence if it wishes to uproot one tree as part of their nursery activities, but they would need a felling licence if they require to uproot more than one tree.

Are you seriously suggesting something as farfetched as this?

 

[boilerstove]

No, the advice we're giving you is that putting a fence close to what you believe is the boundary CAN result in alteration to the official boundary.

They do not need a permit, but if the trees are on and form the boundary, they must have the permission of owners on both sides to remove them.

Most estate developments avoid tress on boundaries as they very often become a source of contention. You need a suitably qualified expert to establish where precisely your boundary is and take it from there. Putting the contractor on notice that you will hold them jointly liable in the event the trees are confirmed as forming the boundary would be a good idea. Just because the other property owner told them to do so does not absolve them of all responsibility.

Okay that's understood. So if the boundary has been in situ for x number of years and I have gone out to explain to them that it's still the boundaryline regardless of where I put a fence, what happens if they cut them down anyway which is the threat?

Trying to be as polite as we can here with them without going down the legal route.

Boundary disputes between neighbours

The general rule is that any boundaries between your land and your neighbour’s land are jointly owned by both you and your neighbour. But you may be able to prove that you own a boundary structure outright.

www.citizensinformation.ie

"A tree or hedge on a boundary is generally the property of both landowners. You are not allowed to cut down the tree or hedge without your neighbour’s permission. Overhanging branches or roots that are encroaching on your land can be cut back without permission, but only as far as the boundary line. You should still discuss this with your neighbour to avoid disagreements."

And apply to the LA for a licence to remove multiple mature trees.

Yep thanks - I'm aware of it but unfortunately despite me telling them, they're acting like they can do what they want.