Neighbours cut down trees on boundary line

[Leo]

Roofers, utilities guys, gardeners need access to gardens all the time.

Trespass here is actually any interference without permission. The piece on causing fear just means it moves from a civil matter to a criminal one under the Criminal Justice (Public Order).

The Land And Conveyancing Law Reform Acts deals with access for maintenance. In such cases where the owner of the property you need access to does not explicitly consent, you must request a Works Order through the courts.

 

[boilerstove]

IANAL.

If the gardener is doing work that can only be carried out via your property then it’s unlikely to be causing you fear and the gardener has a reasonable excuse for being there.

Simply instructing them not to be there does not produce trespass of its own accord.

How exactly is someone being on my property without permision and refusing to leave when I request them not trespassing?

What work could possible be only carried out from my property?

 

[boilerstove]

I'd stop having any interaction with them now. They seem to be quite difficult people.

Let solicitors do the talking from this point on....do keep an eye on costs though as these disputes can get costly quickly.

Yeah I will. I'm happy to go halfs on them for a boundary survey, we just agree to the line and then leave the tree's be providing they're the line. I wont pursue for the damage they've already caused providing they fill the gap with an aul hedge.

Again, I'm trying to do this as civilly as I can I don't want the stress and I'm sure they don't need it either. Unsure how expensive it could get when a boundary survey should settle it all, no clue what they could possible approach me for considering I've not done anything.

They may have a point, the raised panel may be too high.

Planning permission for altering your house

Details the plannning requirements if extending a house, converting a house, or changing the use of a building.

www.citizensinformation.ie

You can build capped walls (made of brick, stone or block), railings and wooden fences up to 1.2 metres in height at the front of the house, or 2 metres at the side or back of the house.

It's a good point - I'll remove the panel.

 

[Obairchrua]

OK you were wronged but would you be happy if they filled the gap with a hedge and your garden is now 1.5m shorter?
I think I'd try to get agreement that the trees are the boundary, remove all trees and rubbish then put the fence on the boundary. Plant a nice laurel and you'll never have to look at them again. The trees are mostly gone and you've paid for the fence. You're halfway there.

 

[Silversurfer]

How long would a registered letter take? They had someone over today looking at it so who knows what their plan is for the morning.

While we've tried to knock and receive no response, I think I'll just pop around with a letter as suggested, asking that they please stop any further tree cutting and that we meetup to resolve this in good neighbourly fashion.

I suppose it's that balance of trying to be nice vs not being a pushover. The fact that they're ploughing on with something without even having the decency to call around is worrying.

It seems as if your neighbour is looking for forgiveness not permission. Landdirect is a digitised site of all folios. It is not accurate and most boundaries allow for a 3ft margin. A GPS survey which is expensive will determine your exact boundary. They are probably aware of all of this. Being legally right and enforcing your rights in a civil case is very expensive.

 

[boilerstove]

OK you were wronged but would you be happy if they filled the gap with a hedge and your garden is now 1.5m shorter?
I think I'd try to get agreement that the trees are the boundary, remove all trees and rubbish then put the fence on the boundary. Plant a nice laurel and you'll never have to look at them again. The trees are mostly gone and you've paid for the fence. You're halfway there.

Well, if they filled the gap it would just go back to the original border. I'd be happy with that as the currently remaining trees are still giving me privacy. I don't see how I would lose 1.5m? Also who would possibly want to give away any of their garden and what's to stop them just knocking down the fence later on?

Tbh I'd even just remove my fence if it's causing that much of an issue, I'll just use the panels to build a little tool shed or something.

 

[boilerstove]

It seems as if your neighbour is looking for forgiveness not permission. Landdirect is a digitised site of all folios. It is not accurate and most boundaries allow for a 3ft margin. A GPS survey which is expensive will determine your exact boundary. They are probably aware of all of this. Being legally right and enforcing your rights in a civil case is very expensive.

Appreciate that thanks. Yeah I know Landdirect is not accurate but you can see from the pics - even if the boundary was off by 3feet myside, it'd still land smack in the middle of the trees.

Anyway, I think they're aware and just refusing to acknowledge the situation at this point. Well, at least face-to-face which is odd. I'm curious what their solicitors letter could possibly say, the only thing I can think of is that my partner (5'5, 56kg) knocked around twice yesterday with our baby in tow (I purposely didn't go incase they try say intimidation yada yada) so maybe they'll say she was intimidating? Who knows!

Any idea how much that GPS survey will cost?

Could all be resolved so quickly if they'd just chat to us, we were wronged and we're doing the accomodating. Madness.

 

[Obairchrua]

These neighbours have lived there for 40yrs. What prompted them to suddenly decide to chop the trees I wonder?
I wouldn't put too much emphasis on them not engaging at the door face to face - I'm probably not much younger than them (50's) and couldn't be arsed answering the front door to a stranger.
What do your immediate neighbours think of all this?

 

[boilerstove]

These neighbours have lived there for 40yrs. What prompted them to suddenly decide to chop the trees I wonder?
I wouldn't put too much emphasis on them not engaging at the door face to face - I'm probably not much younger than them (50's) and couldn't be arsed answering the front door to a stranger.
What do your immediate neighbours think of all this?

Aye I think about 70s, possibly even 80. Hence why I've stated to the kids (again, adults in their 40's) many times that I appreciate it's upsetting for the mother (as it is for us), so I'm happy to engage with them in her place.

They did acknowledge that we knocked by asking us not to knock in again, we said that's absolutely fine and we won't. You'd swear I was the one starting all this rubbish.

Re immediate neighbours - I've only spoken with one (he's in the building profession). He's a very black & white guy when it comes to this kind of stuff and is more than willing to tell me if I've gone the wrong way about things. He's advised I've done absolutely nothing wrong, continue to just keep my cool and do what I'm doing. He was shocked that they were so brazen about it.

I know the neighbour who's garden backs onto mine down at the boundary as do they (they mentioned his name) but I don't want to be dragging him into it. He's a very decent guy but I'd not want to put him (nor anyone) in a position where he has to choose sides, even if I knew he'd choose mine.

 

[Silversurfer]

Appreciate that thanks. Yeah I know Landdirect is not accurate but you can see from the pics - even if the boundary was off by 3feet myside, it'd still land smack in the middle of the trees.

Anyway, I think they're aware and just refusing to acknowledge the situation at this point. Well, at least face-to-face which is odd. I'm curious what their solicitors letter could possibly say, the only thing I can think of is that my partner (5'5, 56kg) knocked around twice yesterday with our baby in tow (I purposely didn't go incase they try say intimidation yada yada) so maybe they'll say she was intimidating? Who knows!

Any idea how much that GPS survey will cost?

Could all be resolved so quickly if they'd just chat to us, we were wronged and we're doing the accomodating. Madness.

It was €1400 for the survey about 5 years ago. They marked out the boundary with pegs. Our neighbours builder ignored it so we had to pay again. The roots of the tree were badly damaged. The local CC would only take action if the tree died within 6 weeks.

 

[boilerstove]

So...

Went out yesterday morning and seen two lads making a bit of a racket down at the gap. Went down to them to ask who they were... boundary surveyors!

Happy days I thought. I seen a stake in the middle of the hedgerow and asked is that the boundary to which they responded yes (nice lads). They agreed she shouldn't have done what she done, said the landscapers incorrectly advised her not to call around (I think that's BS) but she should have called anyway from a decency/correct thing to do. They confirmed I was well within my rights to do what I done with the fence and could see why I done it.

I got their details and asked them to send on their boundary findings which they did. They've also confirmed via email that they recommended her to replant saplings where they cut them down and to contact me if they plan any future cuttings...

They did ask if I wanted to speak to her but I politely declined, letting them know we were asked by the daugther not to call around again and I didn't want to cause her any distress/seem like I'm gloating, I'm sure their bill and findings will be bad enough!

Anyway, here's hoping they take the lads advice, replant the trees and I can put back up my fence. Doubt I'll get so much as a sniff of an apology but hey, that's a mark on their character not mine - I tried to avoid all of this from the get go.

Cheers for the advice all!

 

[Leo]

Went down to them to ask who they were... boundary surveyors!

The fact that she paid for such a service would indicate she genuinely thought she was in the right. Hard to believe for anyone else observing, but people can get strange notions at times. Hopefully that's the end of it now.

 

[mathepac]

Sounds like good news then and hopefully the miscreant can be brought to book.

I hope she's willing to go with the surveyors' report and their suggestions.

She should thank her lucky stars she and her family have been dealing with you; with me, there could have been different and more expensive outcomes.

Yet another example of the validity of the old saying - good fences make for good neighbours!

Well done.

 

[boilerstove]

The fact that she paid for such a service would indicate she genuinely thought she was in the right. Hard to believe for anyone else observing, but people can get strange notions at times. Hopefully that's the end of it now.

I know, crazy right. When I was told I'd hear from their solicitor, they must have been informed then to get a boundary survey done (I'm sure the solicitor seen the photos/listened to their story and was gobsmacked).

Sounds like good news then and hopefully the miscreant can be brought to book.

I hope she's willing to go with the surveyors' report and their suggestions.

She should thank her lucky stars she and her family have been dealing with you; with me, there could have been different and more expensive outcomes.

Yet another example of the validity of the old saying - good fences make for good neighbours!

Well done.

Ah thanks, yeah tried to keep it civil but I'll have zero time for them going forward now.

They had the boundary surveyors in Friday, it's Tuesday now and not so much as a whiff of coming around and saying sorry for the hassle and expense (my own solicitor) that they've caused us. Really shows the level they're at.

Haven't seen any trees planted yet and I'm sure when I see the family next, they'll be asking me to take down my sign (which shall remain, they're more than welcome to stick up a fence their side to block it).

They have two weeks to start planting before I fire another solicitors letter over. That'll give them three weeks since the surveyors report which I think is fair.

 

[Silversurfer]

I know, crazy right. When I was told I'd hear from their solicitor, they must have been informed then to get a boundary survey done (I'm sure the solicitor seen the photos/listened to their story and was gobsmacked).

Ah thanks, yeah tried to keep it civil but I'll have zero time for them going forward now.

They had the boundary surveyors in Friday, it's Tuesday now and not so much as a whiff of coming around and saying sorry for the hassle and expense (my own solicitor) that they've caused us. Really shows the level they're at.

Haven't seen any trees planted yet and I'm sure when I see the family next, they'll be asking me to take down my sign (which shall remain, they're more than welcome to stick up a fence their side to block it).

They have two weeks to start planting before I fire another solicitors letter over. That'll give them three weeks since the surveyors report which I think is fair.

It is very surprising that the survey paid for by your neighbour was shared with you. The hard copy will be sent to your neighbour. I suspect if you wish to progress this it will be necessary to get your own survey carried out.

 

[Obairchrua]

I know, crazy right. When I was told I'd hear from their solicitor, they must have been informed then to get a boundary survey done (I'm sure the solicitor seen the photos/listened to their story and was gobsmacked).

Ah thanks, yeah tried to keep it civil but I'll have zero time for them going forward now.

They had the boundary surveyors in Friday, it's Tuesday now and not so much as a whiff of coming around and saying sorry for the hassle and expense (my own solicitor) that they've caused us. Really shows the level they're at.

Haven't seen any trees planted yet and I'm sure when I see the family next, they'll be asking me to take down my sign (which shall remain, they're more than welcome to stick up a fence their side to block it).

They have two weeks to start planting before I fire another solicitors letter over. That'll give them three weeks since the surveyors report which I think is fair.

What sign is that? I must have missed it.

 

[Leo]

What sign is that? I must have missed it.

Mentioned earlier in the thread.

 

[ClubMan]

What sign is that? I must have missed it.

Cheers for all the replies folks. Unfortunately as @AlbacoreA stated, I had to go the legal route and get a Cease & Desist letter which we hand delivered (wouldn't get there until Monday otherwise). I've also put up a signpost with a copy of the letter which is very visible (they've basically removed an entire section as well as cutting a load of trees).

 

[Obairchrua]

Ah yes, of course. For some reason the word sign threw me momentarily and I was imagining something big but couldn't imagine what!

 

[boilerstove]

It is very surprising that the survey paid for by your neighbour was shared with you. The hard copy will be sent to your neighbour. I suspect if you wish to progress this it will be necessary to get your own survey carried out.

That's the power of politeness right? I wasn't a dick to them, we had a good 15min relaxed chat and so I just asked. No harm no foul!
They didn't share the full report, just the image showing the boundary with the GPS co-ordinates and advised what their recommendation was to her (although I'd never confirm this with the neighbour of course, wouldn't want to put the lads in a bad spot).

Ah yes, of course. For some reason the word sign threw me momentarily and I was imagining something big but couldn't imagine what!

Ah it's not overboard, A4 printout on a piece of A4sized backboard mounted to a fence post looking into their garden.