Trespass by County Council

[Niallymac]

My property backs onto a local authority estate. I have large confierous trees at the end of my garden which provides me with privacy from the flats behind.

While I was away on holidays, the County Council wrote to me (well not directly to me but to the Owner/Occupier) informing of plan to perform pruning work on the trees that overhang into their property, asking me to call them if I had a problem with this work being carried out. Obviously I was away, so didn't get the letter until my return yesterday.

I was awoken this morning at 07.30 by a team of guys, all of whom had mounted the trees which are on my property, and were performing an act of complete butchery on the trees, resulting in me now being the proud owner of a line of one sided conifers. They have done enormous damage to the trees.

The point here is not the damage to the trees (thats a seperate issue), but they did not have my permission to mount/climb the trees, and had given me insuffucient notice of their intentions ( 5 days notice, and I was on holidays so couldn't respond). I called them this morning and asked them to get their guys off my trees, but they refused.

Are the County Council guilty of trespass and if so what can I do about it.

On the issue of the now one sided trees, these will never now grow on the other side, and are permanently compromised. The trees pre date anything they built on the far side of the wall. Is there anything I can do about this ?

Niallymac

 

[Sue Ellen]

Hi,

I can understand your annoyance because I have encountered the arrogance of some county council officials myself in the past. Customer service does not appear to come into the equation in some of their dealings with the public.

The other side of the coin to your situation is the case of some neighbours who cannot get the council to cut back a tree near their house because of budgetary restrictions (the usual handy cop-out). It blocks the light from the front of their house because it has gone so high and the roots are also causing problems.

Despite the fact that the damage is already done would a call to your local T.D./Councillor help? Perhaps they could offer some advice for future reference.

 

[mo3art]

You were lucky they didn't throw the cut offs back into your garden - which they are perfectly entitled to!

I'm afraid there is very little you can do if the parts they cut were overhanging into their property - AFAIK

 

[Marie]

I have large confierous trees at the end of my garden which provides me with privacy from the flats behind. Planting in such a manner that your trees and shrubs intrude into neighbouring property is actually a civil offence. This goes for the roots as well as the upper part of the tree, incidentally! Your conifers sound like Leylandii Davidii or similar which are now an 'outlawed' species in the UK (and I believe, in the USA). The written notice you received was, I would think, simply a matter of courtesy.

 

[Vanilla]

Well I wouldnt say it was just a courtesy as it sounds as if Niallymacs property was entered in order to cut the trees. As the previous posters have said, if a tree overhangs a neighbouring plot, the neighbour is entitled to cut off the overhanging bit, but as you are the owner of the trees, you are entitled to the cut branches. However clearly the council did trespass on your property as they entered without your consent. Also I wonder if the trees are now damaged beyond recovery, and if infact they are now dangerous as they are lopsided?

 

[tonka]

If they are now dangerous where they were not before its a WHOLE new ball game

 

[Niallymac]

Planting in such a manner that your trees and shrubs intrude into neighbouring property is actually a civil offence.

The trees are maybe 30-40 years old. The council decided to build additional houses about ten years ago, practically underneath the trees. It is the gardens of these houses that the trees overhang. Me thinks no civil offence on my part here !