Sunday, June 03, 2012 7:18 AM EST Dear XXXXX, 1. At the outset, if the branches of either your creeper or silver birch intrude onto your neighbour's side of the fence, then your neighbour is entitled in law to lop or cut back those branches/creepers to the line of the mid point of the fence. In law, your neighbour has total control over what grows on his side of the fence, so if the branches of your trees intrude on his air space or side of the fence, then s/he is entitled to cut them back to the line of the fence. Your neighbour does not need your permission in doing this. The rights of a landowner, such as your neighbour, include the right to control or cut anything growing on his side of the fence. 2. Secondly, as these are the branches of your trees, your neighbour is entitled in law to place any branches cut back on your side of the fence. Accordingly, your neighbour disposing of these cuttings on your side of the fence is lawful. 3. Finally, in cutting back these overhanging branches or intruding creepers, your neighbour owes you no duty of care in how they are carried out. once they are on his side of the fence, he can do what he wants to cut them. Reply to Expert Need more information? Reply to your Expert Styles Not satisfied with your Expert? You replied Saturday, July 27, 2013 10:08 AM EST In your response above you stated at No.2 that as the creepers and trees are mine, the neighbour is entitled in law " to place any cuttings from these on my side of the fence" What do you mean by "place "? As in practice what is happening each time this occurs, is the cuttings are thrown randomly over the boundary fence, along its full length, and on top of existing shrubs & creepers growing on my side of the fence - As a Result each time this occurs ( which is always when nobody is present in our house), there is a clean up job required on our part to collect the cuttings and remove them where they have lodged and become entangled with our shrubs.Surely if they are entitled to place their cuttings on our side of the fence,then it should be expected that this will be done firstly in an orderly manner, so as not to cause a nuisance to me, and secondly that these cuttings can only be placed on my side of the fence by prior agreements with me? Furthermore if I formally notify them in writing, that I don't require them to return any cuttings to me, then is it not the case that they can't throw these at random into my side of the garden - To do otherwise is a trespass on private property, with potential to cause damage to my personal property. I accept they are entitled to cut back any growth on their side of the fence, but I have difficulty in they not being responsible for getting rid of the cuttings themselves. I need to know what my options are to prevent cuttings from firstly being placed on my property at all, and secondly, how to prevent this occurring in a disorderly & nuisance manner, which has occurred on several occasions. I have difficulty in accepting that cuttings from my neighbours side of the Garden despite eminating from creepers/trees in my garden can be randomly placed over the boundary fence in my garden with or without my agreement, particularly when this causes a nuisance and trespass on my property. The last time cuttings were dumped in my garden, I collected them up and threw them back over the boundary fence to the neighbours garden from which they had originated. I also gave them a handwritten note, requesting them to refrain from throwing any cuttings from their side of the fence into my property, and at the same time notifying them that the cuttings had been returned to their garden. Is it a black & white case as you seem to indicate in your earlier response, or are there limits to what can or cannot be done in this situation. Taking your response literally, means the neighbour can behave as they wish with regard to how they dispose of cuttings, which seems wholly disproportionate and unreasonable vis a vis the other party I.e me. Any expansion on your previous response, together with alternate options to remedy the outlined situation as I have described would be welcome to resolve this impasse!
My email to you dated July 27th 2013 is meant to provide you with a more elaborate response from me to the answers provided in your earlier response dated June 3rd 2012.
I am looking for your more detailed response to the various matters raised therein in my July 27th communication
Hi,We do have Republic of Ireland legal professionals here. I will make sure that Buachaill has seen your question. Thank you for your patience.Regards,Wendy
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