T McGibney
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I am not a lawyer and have no expertise upon which to make any claim in that regard.
I am not a lawyer and have no expertise upon which to make any claim in that regard.Regardless of which section it was under, it was illegal right? If the treeline is the boundary line.
The Forestry Act was a distraction, no section of it plays any role here and so to invoke it in any complaint might harm your position.Regardless of which section it was under, it was illegal right? If the treeline is the boundary line
100% agree. If you removed the fence panels for a bit, everything would come out in the open in more ways than one!I think most people would conclude that the tree line is indeed the boundary including the neighbours. Maybe your neighbour, on seeing the fence, cursed you thinking you were washing your hands of the trees for whatever reason so assumed responsibility of their upkeep with the bonus of the illusion of a longer garden. They may never even intend stepping beyond the tree line.
If it were me, I'd remove the fence panels for a couple of days and when he's out giving his grass the final cut this season grab him for a chat.
I've got the middle one removed (well, lifted up a metre into the air). It's a mix of trees/hedging so it's not like they could have crossed into our side anyway. Their upkeep would have been exactly the same in terms of trimming on their side to the boundary.I think most people would conclude that the tree line is indeed the boundary including the neighbours. Maybe your neighbour, on seeing the fence, cursed you thinking you were washing your hands of the trees for whatever reason so assumed responsibility of their upkeep with the bonus of the illusion of a longer garden. They may never even intend stepping beyond the tree line.
If it were me, I'd remove the fence panels for a couple of days and when he's out giving his grass the final cut this season grab him for a chat.
Thanks Leo - based on the photos that I've sent you privately, would those circumstances be met? Nothing is jumping out at me in there for trees that were on a shared boundary that were growing/flowering etc (ie appeared to be in good health).The Forestry Act was a distraction, no section of it plays any role here and so to invoke it in any complaint might harm your position.
It's the Land And Conveyancing Law Reform Acts that apply, and note they do allow property owners carry out works on party structures in certain circumstances, which includes hedges & trees.
Difficult to say, the courts would likely rely on expert testimony on whether what they did was justified in terms of maintenance or preventing a hazard.Thanks Leo - based on the photos that I've sent you privately, would those circumstances be met?
Did they give any excuse/explanation at all as to their reasoning? It's basically a neighbour act of war and majority of people in your position would indeed be fuming.I've got the middle one removed (well, lifted up a metre into the air). It's a mix of trees/hedging so it's not like they could have crossed into our side anyway. Their upkeep would have been exactly the same in terms of trimming on their side to the boundary.
They knew exactly what they were trying to do. The houses are around 50 years old, the boundary has been there since then. They saw an opportunity, probably thought we'd be at work and tried to take it. They are well aware that we are upset and protested what they've done (so far).
We explicitally called out we did not want the trees removed, that it was a shared border and they do not have our permission to remove them.
They have made absolutely zero effort to come around and try to (a) apologise and/or (b) resolve the issue.
Do you think it was a pure coincidence that you had erected a fence a few months previously?They saw an opportunity, probably thought we'd be at work and tried to take it.
Which would be fair if they at least approached us first. I mean if I was in their shoes and thought I was in the right, I'd have approached them and suggested they pay half.Difficult to say, the courts would likely rely on expert testimony on whether what they did was justified in terms of maintenance or preventing a hazard
Oh they went all over the place. It started off with can't do the maintenance anymore, to sunlight, to they're ugly etc. My response was always firm and the same - you cannot just remove something without contacting us and getting our permission. The worked also said sure we were going to put a nice hedge not far from your fence - hence it was clear what they were doing.Did they give any excuse/explanation at all as to their reasoning? It's basically a neighbour act of war and majority of people in your position would indeed be fuming.
Obviously not no... unsure of why you made the comment/if you're being genuine.Do you think it was a pure coincidence that you had erected a fence a few months previously?
You say that like it’s the most normal thing in the world.Of course there is access, I can just lift up the fence.
Ha. It's just a fence panel in between two concrete posts. Slides up easily. In fact, thinking about putting a door in the one on the furthest right hand side or removing it completely.You say that like it’s the most normal thing in the world.
I’ve heard of a ‘moveable feast’ but a ‘moveable fence’ seems a rarer beast.
It’s not trespass unless it is someone whose presence would reasonably provoke fear in the eyes of the occupier.had workers tresspassing onto our land
It’s not trespass unless it is someone whose presence would reasonably provoke fear in the eyes of the occupier.
Roofers, utilities guys, gardeners need access to gardens all the time.
Always amazes me how Irish people will basically say anything than admit/accept they might be in the wrong. Looking at your pics and drawings taken with the obvious historical lay of the land and visible boundary for surrounding properties, it seems to me as though they knew full well they were chancing their arm and are now taking a head in sand approach in the hope you'll go away. Don't. I'm sure the other neighbour alongside them with the newly visible upstairs window aren't especially excited about suddenly having views into your garden either.Which would be fair if they at least approached us first. I mean if I was in their shoes and thought I was in the right, I'd have approached them and suggested they pay half.
They'll have to argue why they didn't contact us, have refused to engage with us, had workers tresspassing onto our land, cutting trees clearly on our side of the boundary etc.
Oh they went all over the place. It started off with can't do the maintenance anymore, to sunlight, to they're ugly etc. My response was always firm and the same - you cannot just remove something without contacting us and getting our permission. The worked also said sure we were going to put a nice hedge not far from your fence - hence it was clear what they were doing.
And thanks for the support. If I had just decided to bulldoze down their side, regardless of a fence or not, refuse to engage in any civil conversation etc. they would be livid I'm sure and rightly so.
Unreal isn't it...Always amazes me how Irish people will basically say anything than admit/accept they might be in the wrong. Looking at your pics and drawings taken with the obvious historical lay of the land and visible boundary for surrounding properties, it seems to me as though they knew full well they were chancing their arm and are now taking a head in sand approach in the hope you'll go away. Don't. I'm sure the other neighbour alongside them with the newly visible upstairs window aren't especially excited about suddenly having views into your garden either.
They may have a point, the raised panel may be too high.They asked us if we can please lower our fence as now they feel uncomfortable. What!
IANAL.Right so if a gardener comes onto my property without permission and I tell them to leave, what then? That's not tresspass?
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