Trimming a tree on the boundary line

C

Charliezullz

New Member
Messages
1
I live next door to an unoccupied house. No one has lived there for years but I know someone comes around a few times a year to cut the grass and collect any post etc, but I've never been able to catch them. They just keep the house and garden maintained to a certain degree but no one ever stays there for any length of time.

The back garden has a single tree on the boundary line that's extremely tall. I want the tree trimmed as it completely blocks out all sun from hitting my small garden and kitchen from about 3pm onwards due to the direction the sun moves in summer. And in winter sheds leaves absolutely everywhere. It's a pain and ruins my summers as my whole garden is cast in shadow.

Legally I need permission from the other property to do anything with it, but no one lives there and I have no way to contact anyone. I did drop in a letter asking kindly for permission, and I know someone collected the post shortly after but no one has contacted me about it. That was several weeks ago.

I did trim branches overhanging my garden but that made absolutely no difference as the tallest branches are technically on their side. But only just.

Everyone I asked has told me I will definitely get sued if I trim it without permission. I don't see why an owner of an unoccupied house would care enough about it to spend their time and money to sue, seems like a stretch to me but at the same time, I don't want any trouble.

What more can I do? It's not a danger or anything, it looks healthy, it's just a nuisance for me and ruins any enjoyment of being in the garden in summer. I've lived here for 4 years and I've never gotten a chance to talk to the owner and have no contact info for them, and they seemingly ignored my letter which I relied on as my only option.

See pic for a high quality rendering.
Tree.jpg
 
IANAL but I think as your proposed cut will interfere with branches and growth not on your side of the boundary you are precluded from cutting. There is also a danger that such severe trimming will kill the tree unless you employ an expert tree surgeon. Maybe look for advice from one.
 
Last edited:
  • Like
Reactions: jim
Is there a boundary wall or fence in place?

Assuming the pic is an accurate reflection, the branches on your neighbour’s side will continue to grow disproportionately and will add weight relative to your side. This increases the risk it will dislodge and cause damage. While this is more likely to damage your neighbour’s property, you could argue that it represents a risk to you also, particularly to a boundary wall/fence.

A diplomatically worded letter outlining the risk of potential liability (perhaps supported by a tree surgeon’s report) might be considered a bit more seriously than your earlier request.
 
You've been decent and tried to contact them. The tree is a nusiance and is interfering with your property and your enjoyment of it.Hack away.
 
Last edited:
That law is about hedgerows. It doesn't apply to domestic gardens.

Reminder on hedge cutting and the law

www.gov.ie www.gov.ie
In the Act, “agriculture” is defined as including horticulture. Since horticulture includes gardening, the summertime trimming of hedges in the ordinary course of gardening falls under this exemption;
Click to expand...
 
Last edited:
  • Like
Reactions: Leo
Whether the garden is included or not in that law and it's hotly disputed on every gardening page there is hardly any leaves on trees in my garden yet so should be easy to see if anything is building a nest there. I can actually see a nest being built in a big bare tree in my garden at the moment by magpies, it's very interesting.
 
You must log in or register to reply here.
Back
Top