How to deal with neighbour's cut trees?

T

Telor

Guest
So I'm living abroad and renting out my house and so not in a position to deal with this in person. The house has quite a long back garden which is lined on one side by large evergreen trees. These trees were planted by my neighbour long before I bought the house. Recently the tenant in the house was approached by the neighbour who informed them that they would be cutting down the trees to about 6 foot soon (originally 25-30 foot high). They made it clear that they owned the trees and so it was their right to cut them down.
I don't have an issue with this. However after the job was done a huge amount of cuttings were left in the garden of my house. Too much to be taken away without the use of a tractor. They got someone to clear their side and didn't say or do anything about the stuff my side.

The tenant approached the neighbours asking when they might expect the cuttings to be cleared. The neighbours basically said that they consider this my job as they come from "my" side of the trees. I had a gardener have a look at it to see how much it will cost to get rid of, he said that it was far more than just side cuttings and included lots of tops of trees, its likely to cost several hundred Euros to sort out.

I don't appreciate the fact that they were "their" trees when they wanted to cut them down and suddenly "mine" when it came to clear up.

I'm considering getting the quote for clearing made up and sending it onto them, saying that this is how much it will cost and I'll send on the bill, unless they can find a cheaper way to clear them.

Another consideration is a solicitors letter.
Or I could just pay to get them cleared (the Irish option :).

It is not possible to wait very long as the tenant has a 5 year old, who cannot go outside to play at all because of the mess.

Anyone been in a situation like this? Do you have any advice as how to proceed?

Thanks in advance,

Telor.
 
Re: How do deal with neighbour's cut trees?

Afaik, it is their obligation to remove the cuttings. If you had cut the overhanging branches, I believe you are obliged to offer the cuttings to the ower as they are their property. Do you know him at all....if so, try phoning him & see if you can make him see sense. If he can't be reasoned with, send the solicitors letter.
 
Re: How do deal with neighbour's cut trees?

Why not throw them/arrange to have them thrown back over the fence into his garden if he is not going to be sensible about it, I think you are obliged by law to hand back such cuttings, they are not your property - they are his !
 
Re: How do deal with neighbour's cut trees?

Just wondering if you (the tenant or whoever keeps an eye on the property for you) could ring either the local council or litter warden and see if they can give any advice. One of your local councillors might give some advice also.

The following on littering may apply to public areas only but it is worth checking out if this is the case. It is taken from [broken link removed] .

"Illegal dumping

The litter laws have increased the powers of your local authority to combat the problem of illegal dumping of refuse and rubbish. If you see someone dumping illegally, you should report the matter to your local authority who will investigate and take any necessary enforcement action.
Alternatively you can report illegal dumping to a 24 hour lo-call telephone number 1850 365 121. Local authorities, the Environmental Protection Agency and an Garda Síochána will follow up on the information given as appropriate. Information that you give can be treated confidentially although you are encouraged to give your contact details as authorities may wish to follow-up with you in relation to the investigation of illegal dumping.
If your local authority finds material that is illegally dumped and establishes the identity of the owner of the material, that person will have a case to answer without necessarily having to be caught in the act. In addition, extra powers are also available to your local authority to require a householder or business operator to indicate how and where they are disposing of their waste. This is particularly relevant if the householder or business owner is not availing of a refuse collection service or is not bringing their waste to an authorised disposal facility".

They are, of course, trading on the fact that you are away and probably chancing their arm.

If you find that you cannot get a solution then the solicitor's letter might be the best approach. Bear in mind also that the tenant has to live there and you may want to do so in the future.

Interesting discussion here on trees and neighbours in this key post.
 
Re: How do deal with neighbour's cut trees?

Havealaugh said:
Why not throw them/arrange to have them thrown back over the fence into his garden if he is not going to be sensible about it, I think you are obliged by law to hand back such cuttings, they are not your property - they are his !
Click to expand...

You are not obliged to hand back the cuttings! But they are the tree owners responsibility.

I would try and come to an agreement with him and get money from him before paying for their removal and looking to recover the cost.

Is tossing them over the fence feasible?

Write a nice letter yourself before engaging a solicitor, you are completely in the right.
 
Re: How do deal with neighbour's cut trees?

The cuttings constitute a trespass to your land. Your neighbour is legally obliged to remedy the situation - particularly in circumstances where they might constitute a danger to a young child.

1: Approach them reasonably and ask them to clear

2: If insuccessful , send them a letter giving them a certain time to clear the cuttings. State that if they are not cleared by that date, you will be obliged to get them professionally cleared and your neighbour will be liable for the cost of clearance.

3: Back up an invoice from whomever you get to clear the cuttings with a solicitors letter.


The cuttings wouldn;t be in your garden but for the fact that your neighbour decided to cut down their own trees. It should not be your obligation, either financial or legal, to remedy a tortious act of your neighbour. Also, it should not involve any requirement on your part to waste your time remedying their act.
 
Re: How do deal with neighbour's cut trees?

You are not obliged to hand back the cuttings!
Click to expand...

It must only be in GB that you are legally required to hand back cuttings from trees, bushes etc then. Thought it was here too.

I agree with NiallP as to the approach.
 
Re: How do deal with neighbour's cut trees?

Thanks everyone for your advice, I will try to make contact with them personally (or through a friendly intermediary) and see if I can't convince them to take responsibility.

Its nice to know that it is their responsibility as I was unsure in the beginning.

I'll post back to let you know how it goes!
 
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