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Overhanging plants from Neighbours garden


 
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Topgal
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PostPosted: Wed Jun 03, 2009 1:56 pm    Post subject: Overhanging plants from Neighbours garden Reply with quote

Hi all,

I wonder if someone could advice me if there is a law /Act with regard to overhanging plants/trees from neighbours gardens into your garden.

My neighbours plants/tree have grown over into my garden. I called into my neighbour and asked her to kindly cut back her tree/plants but was met with the response " I don't have the money"........... subsequently she did cut some of the tree but left all the cuttings on my lawn.

This morning she kindly disposed of the cutting - but i have since discovered the cuttings were placed in MY BROWN BIN........... I would like to be clear as to who is responsible for cutting and disposing of overhanging plants /trees belonging to neighbours.

All advice would be most appreciated. Thanks !
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Michael196
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PostPosted: Wed Jun 03, 2009 2:15 pm    Post subject: Reply with quote

hi

Coming from a farming background, this is what I understand applies:

If the root is in your neighbours, then the plant belongs to your neighbour.

However my understanding is that you do have the right to cut back overhangs into your space, without seeking permission.

To ask your neighbour cut overhangs into your space involves your neighbour coming onto your property : ( as you can see, it makes sense for you to cut them yourself ).

afraid thats all i can offer.
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Sive
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PostPosted: Wed Jun 03, 2009 4:47 pm    Post subject: Reply with quote

Technically, you are within your rights to prune anything that overhangs your boundary, but the actual prunings belong to the owner of the tree/shrub. If you want to play safe, you ask that person if they want the prunings....before you dispose of them.
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michael brenock
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PostPosted: Wed Jun 03, 2009 6:08 pm    Post subject: Reply with quote

Sive is correct. the over hang of trees and shrubs belong to the neighbour on whose land the tree grows. You are entitled to cut off any overhanging branches but they remain the property of your neighbour. if you give them back they must accept them but if they put them back into your property then they are dumping. If trees get very high you can warn the neighbour of the risk of damage. The roots are subject to the same rules.
michael brenock horticultural advisor (retired)
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Roger Wormald
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PostPosted: Mon Jul 13, 2009 8:42 am    Post subject: Overhanging Trees Reply with quote

Following on from Michael Brenocks comments; I have recently followed his advise and returned all cuttings to my neighbour who immediately threw them back overf my fence.

Presumably he is now quilty of dumping - what is the next step?

Roger Wormald

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Sive
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PostPosted: Mon Jul 13, 2009 9:36 am    Post subject: Reply with quote

I think relations between you have already deteriorated...it depends how important it is to you to have neighbourly harmony. If you want all-out hostility, and also want to make some solicitor even wealthier, you could get legal advice.
BUT is it really worth it?
I would advise calming down and making some gesture of friendship/reconciliation.
I would be interested as to how you "returned the cuttings" ??? If you just threw them over the fence, that could have been seen as an aggressive gesture, particularly if the neighbour doesn't understand the law.
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James Kilkelly
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PostPosted: Mon Jul 13, 2009 10:18 am    Post subject: Reply with quote

Posters and readers please note......

Disclaimer: The Irish gardeners forum is for general information only and is not a legal advice forum.
We cannot guarantee the validity of any advice given to you.
So for all legal matters consult your local town/city council, solicitor, engineer, or relevant body/expert in that field with adequate liability insurances.
If you disregard this warning and proceed you do so entirely at your own risk.

This is also listed in the rules to be read by all members upon sign up to the forum....... http://www.gardenplansireland.com/forum/viewtopic.php?t=27

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Liparis
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PostPosted: Mon Jul 13, 2009 10:51 am    Post subject: Reply with quote

I agree here. It makes me uncomfortable when people seek legal advice on forums. Human nature takes over and you try to help anyway, even though we aren't fully aware of all the twists and turns in the law. what goes legally in one persons situation, may well be completely different in another, even although it appears to be the same problem.
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Tokyo
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PostPosted: Mon Jul 13, 2009 11:38 am    Post subject: Reply with quote

I know the law regarding cutting back my neighbour's trees up to our common boundary, but can I cut the top of his trees if standing on my own property (by reaching into his)? My neighour has a line of leylandii with trunks within 1 foot of the boundary line, and I just want to keep the trees down to 15' high (which I think is reasonable!). Any advice would be much appreciated.
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Sive
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PostPosted: Mon Jul 13, 2009 12:06 pm    Post subject: Reply with quote

As far as I know. you may not cut any part of a tree or shrub unless it is clearly overhanging your property. Where you stand does not make it any more legal !!!
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medieval knievel
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PostPosted: Mon Jul 13, 2009 1:54 pm    Post subject: Re: Overhanging Trees Reply with quote

Roger Wormald wrote:
Following on from Michael Brenocks comments; I have recently followed his advise and returned all cuttings to my neighbour who immediately threw them back overf my fence.

did you discuss cutting his tree or let him know what you were going to do with the cuttings first?
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Liparis
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PostPosted: Wed Jul 15, 2009 2:40 pm    Post subject: Reply with quote

This is the problem. You may have acted too much in haste, your next step really is a lawyer! I really, really wouldn't ask for legal help on here, unless one of our members is a lawyer, then send them a PM. You could well find yourself with a counter-suit on your hands.
Bill.

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