I have a query I expect will be common enough among your suburbanites, particularly with the increased prevalence of extreme wind and storms in Irish weather.
Our neighbours have a large, old oak tree with lots of weak spindly branches around the edges. The trunk sits right up against the boundary wall and a large portion of the tree above overhangs our garden.
Two years ago we paid €500 to get it trimmed back as much as we were entitled to (to the boundary). However, despite this we still suffer a large amount of fallen branches, some of which are quite sizeable and dangerous.
The most recent was today, while the kids were playing at the other side of the garden a large branch fell directly on to our outdoor furniture and across the seat of the kids’ toy tractor – I dread to think of the impact if the kids had been playing on it at the time.
What are our rights and our neighbour’s obligations in terms of getting the tree cut vigorously back to the strong branches to prevent future danger? I am told I have no entitlement to cut it back further, nor do I want to bear the cost of doing so again. Surely they are responsible for maintaining their tree?
Any advice would be much appreciated.
Whether it’s the risk of injury or damage as a result of strong wind gusts during storms or the reduction of light to solar panels, excessively high trees in proximity to residential dwellings can be problematic.
In your situation, as the tree concerned is located within your neighbour’s property, your options for dealing with it are limited. While your neighbours are responsible for maintaining their tree so that it does not cause a risk of injury to anyone, ensuring they act responsibility is a different matter and, in some instances, not easy to achieve. Unfortunately, unlike England and Wales, the law in Ireland is limited in relation to the issue of any category of high trees.
To deal with the issue, you are substantially dependent on your neighbour’s goodwill and co-operation. Approach them, explain your concerns and the risk of injury, suggest that they might consider reducing the height of the tree. This initial approach should be by way of introducing them to your concerns and making them aware of the risks.
If you sense reluctance, do not push for a commitment. Instead, it may be best to invite them to your garden to see the issue from your perspective. Ask them to consider your concerns and to suggest a solution that would help to resolve matters. This process may take some time and patience. It is a matter for you to agree to sharing the cost of reducing the height of the tree.
If the above approach does not work, you may need to consider the legal route. For this option you should keep accurate records of all instances of fallen branches, photographs of the tree and the branches, distances from the boundary, damage, if any, dates, and details of all your interactions with your neighbours.
Your records of events will be essential in making what will need to be a compelling case. A works order granted by the District Court under Sections 43 to 47, inclusive, of the Land and Conveyancing Law Reform Act, 2009, to carry out necessary work, is your best option when co-operation is refused. It is also advisable to engage an arborist to examine the tree from your garden and prepare a short report on its physical attributes, the likely risks involved from falling branches and to recommend a solution. This report and your evidence of events to date will inform your solicitor who will then advise if your case is sufficiently strong to persuade the District Court to grant a works order to reduce the height of the tree.
The Act provides for a wide range of features on or close to the boundary. If the court considers that the oak tree is part of the general boundary structure because of its proximity and effect, and your evidence of damage and risk is compelling, it may consider granting a works order to reduce the height of the tree. If the work clearly benefits both parties, there is provision in the Act to apportion costs. Your solicitor will advise on these aspects of the 2009 Act.
Patrick Shine is a chartered geomatics surveyor, a chartered civil engineer and a member of the Society of Chartered Surveyors Ireland
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