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.